FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Caregiver Credit Act of 2016''. SEC. 2. FINDINGS AND SENSE OF THE SENATE. (a) Findings.--Congress finds that: (1) Caregiving is an essential element of family life and a vital service for children, the ill, the disabled, and the elderly. (2) The establishment of a caregiver credit would bolster the economic prospects of unpaid caregivers and would provide them with vital retirement security. (3) The 2015 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds concluded that the combined Trust Funds will be able to pay scheduled benefits in full until 2034. (4) While there is no immediate crisis, policy options should be considered to extend OASDI solvency, including by eradicating the gender wage gap, increasing overall employment, or increasing the minimum wage. (b) Sense of the Senate.--It is the sense of Senate that the United States Congress must address the unfair exclusion of professional and hardworking home care providers who are not eligible to receive Social Security or Medicare because they provide paid care to a family member with a disability under programs operated at the State and local level for general health and welfare protection. SEC. 3. DEEMED WAGES FOR CAREGIVERS OF DEPENDENT RELATIVES. (a) In General.--Title II of the Social Security Act is amended by adding after section 234 (42 U.S.C. 434) the following new section: ``deemed wages for caregivers of dependent relatives ``Sec. 235. (a) Definitions.--For purposes of this section-- ``(1)(A) Subject to subparagraph (B), the term `qualifying month' means, in connection with an individual, any month-- ``(i) beginning after the date which is 60 months prior to the date of the enactment of the Social Security Caregiver Credit Act of 2016, and ``(ii) during which such individual was engaged for not less than 80 hours in providing care to a dependent relative without monetary compensation. ``(B) The term `qualifying month' does not include any month ending after the date on which such individual attains retirement age (as defined in section 216(l)). ``(2) The term `dependent relative' means, in connection with an individual-- ``(A) a child, grandchild, niece, or nephew (of such individual or such individual's spouse or domestic partner), or a child to which the individual or the individual's spouse or domestic partner is standing in loco parentis, who is under the age of 12, or ``(B) a child, grandchild, niece, or nephew (of such individual or such individual's spouse or domestic partner), a child to which the individual or the individual's spouse or domestic partner is standing in loco parentis, a parent, sibling, aunt, or uncle (of such individual or his or her spouse or domestic partner), or such individual's spouse or domestic partner, if such child, grandchild, niece, nephew, parent, sibling, aunt, uncle, spouse, or domestic partner is a chronically dependent individual. ``(3)(A) The term `chronically dependent individual' means an individual who-- ``(i) is dependent on a daily basis on verbal reminding, physical cueing, supervision, or other assistance provided to the individual by another person in the performance of at least two of the activities of daily living (described in subparagraph (B)) or instrumental activities of daily living (described in subparagraph (C)), and ``(ii) without the assistance described in clause (i), could not perform such activities of daily living or instrumental activities of daily living. ``(B) The `activities of daily living' referred to in subparagraph (A) means basic personal everyday activities, including-- ``(i) Eating. ``(ii) Bathing. ``(iii) Dressing. ``(iv) Toileting. ``(v) Transferring in and out of a bed or in and out of a chair. ``(C) The `instrumental activities of daily living' referred to in subparagraph (A) means activities related to living independently in the community, including-- ``(i) Meal planning and preparation. ``(ii) Managing finances. ``(iii) Shopping for food, clothing, or other essential items. ``(iv) Performing essential household chores. ``(v) Communicating by phone or other form of media. ``(vi) Traveling around and participating in the community. ``(b) Deemed Wages of Caregiver.--(1)(A) For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 2016, or entitlement to and the amount of any lump-sum death payment in the case of a death after such month, payable under this title on the basis of the wages and self-employment income of any individual, and for purposes of section 216(i)(3), such individual shall be deemed to have been paid during each qualifying month (in addition to wages or self-employment income actually paid to or derived by such individual during such month) at an amount per month equal to-- ``(i) in the case of a qualifying month during which no wages or self-employment income were actually paid to or derived by such individual, 50 percent of the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year in which such month occurs; and ``(ii) in the case of any other qualifying month, the excess of the amount determined under clause (i) over \1/2\ of the wages or self-employment income actually paid to or derived by such individual during such month. ``(B) In any case in which there are more than 60 qualifying months for an individual, only the last 60 of such months shall be taken into account for purposes of this section. ``(2) Paragraph (1) shall not be applicable in the case of any monthly benefit or lump-sum death payment if a larger such benefit or payment, as the case may be, would be payable without its application. ``(c) Rules and Regulations.-- ``(1) Not later than one year after the date of the enactment of this section, the Commissioner of Social Security shall promulgate such regulations as are necessary to carry out this section and to prevent fraud and abuse with respect to the benefits under this section, including regulations establishing procedures for the application and certification requirements described in paragraph (2). ``(2) A qualifying month shall not be taken into account under this section with respect to an individual unless-- ``(A) the individual submits to the Commissioner of Social Security an application for benefits under this section that includes-- ``(i) the name and identifying information of the dependent relative with respect to whom the individual was engaged in providing care during such month; ``(ii) if the dependent relative is not a child under the age of 12, documentation from the physician of the dependent relative explaining why the dependent relative is a chronically dependent individual; and ``(iii) such other information as the Commissioner may require to verify the status of the dependent relative; and ``(B) for every qualifying month or period of up to 12 consecutive qualifying months that occurs after the first period of 12 consecutive qualifying months, the individual certifies, in such form and manner as the Commissioner shall require, that the information provided in the individual's application for benefits under this section has not changed.''. (b) Conforming Amendment.--Section 209(k)(1) of such Act (42 U.S.C. 409(k)(1)) is amended-- (1) by striking ``and'' before ``230(b)(2)'' the first time it appears; and (2) by inserting ``and 235(b)(1)(A)(i),'' after ``1977),''.

Social Security Caregiver Credit Act of 2016 This bill expresses the sense of the Senate that Congress must address the unfair exclusion of professional and hardworking home care providers who are not eligible to receive Social Security or Medicare because they provided paid care to a family member with a disability under programs operated at the state and local level for general health and welfare protection. This bill amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act with respect to determining entitlement to and the amount of any monthly benefit, including any lump-sum death payment, payable under OASDI on the basis of the wages and self-employment income of any individual. Such an individual shall be deemed to have been paid a wage (according to a specified formula) during each month during which the individual was engaged for at least 80 hours in providing care to a dependent relative without monetary compensation for up to five years of such service. This bill shall not apply in the case of any monthly benefit or lump-sum death payment if a larger benefit or payment would be payable without its application.

Social Security Caregiver Credit Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reaching Rural Veterans through Telehealth Act''. SEC. 2. SENSE OF CONGRESS REGARDING NEED TO USE TELE-HEALTH PLATFORMS IN TREATING VETERANS LIVING IN RURAL AREAS SUFFERING FROM POST TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN INJURY. It is the sense of Congress that-- (1) members of the Armed Forces serving in Iraq or Afghanistan are being exposed to conditions in combat operations that increase the risk of the members developing post-traumatic stress disorder or incurring a traumatic brain injury; (2) veterans living in rural areas need better access to treatments for post-traumatic stress disorder and traumatic brain injury; and (3) the use of tele-health platforms in the treatment of post-traumatic stress disorder and traumatic brain injury can reduce the need for travel by providers and veterans and their families, thereby also reducing costs, time, stress, and other factors associated with travel. SEC. 3. TELE-HEALTH PILOT PROJECT FOR TREATMENT OF VETERANS LIVING IN RURAL AREAS WHO SUFFER FROM POST TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN INJURY. (a) Pilot Project.--The Secretary of Veterans Affairs shall award grants for the establishment three pilot projects to use tele-health platforms to work, in collaboration with State behavioral health systems, other Federal agencies, and other entities as applicable, to serve the needs of veterans living in rural areas who suffer from post traumatic stress disorder or traumatic brain injury. Utilizing tele- health platforms, the pilot projects shall provide treatment, education, and evaluation to veterans who suffer from post traumatic stress disorder or traumatic brain injury and support to their families. (b) Tele-Health Platform Defined.--The term ``tele-health platform'' means the use of electronic information and telecommunications technologies to support long-distance clinical health care, patient and professional health-related education, public health, and health administration. (c) Project Goals.-- (1) Education.--Education efforts under the pilot projects shall be designed to teach primary care providers how to diagnosis and manage clients with post traumatic stress disorder or traumatic brain injury, be standardized and replicable using validated tools, and require ongoing evaluation and improvement of the education and training in diagnosis and treatment. (2) Treatment.--Treatment efforts under the pilot projects shall be designed to be comprehensive and accessible to veterans on a 24-hour basis, 7 days a week, 365 days a year. (d) Provider Participation.--Participation in the pilot projects shall be multi-disciplinary and broad-based, including medical clinicians, trainers, educators, researchers, community members, and other interested persons. (e) Grant Requirements.--The Secretary shall select grant recipients on the basis of the following: (1) Geographical diversity. (2) Reaching the most possible veterans not currently receiving treatment for post traumatic stress disorder or traumatic brain injury. (3) Creating programs in Veteran Integrated Service Networks that are designated by the Secretary to be ``rural'' or ``highly rural''. (f) Allowable Uses of Funds.-- (1) Training.--Grant funds may be used for training practitioners, therapists, psychologists, psychiatrists, case managers, and other professionals to treat veterans suffering from post traumatic stress disorder or traumatic brain injury, including a focus on teaching primary care providers to diagnosis and manage patients with post traumatic stress disorder. (2) Research.--Grant funds may be used for testing a variety of clinical and case management modalities to provide ``Best Practice'' treatment for specific populations, such as veterans who served in a regular component of the Armed Forces, veterans who served in reserve components, female military personnel, children of military personnel, parents, and other significant others. (3) Purchasing.--Grant funds may be used for purchasing equipment related to tele-health platforms, such as monitors, speakers, webcams, and necessary software. (4) Organization of projects.--Grant recipients may partner and contract with local community groups that are already providing services in a rural area, such as parenting, sexual assault prevention and recovery services, domestic violence prevention and recovery services, food banks, and other social services. Grant funds may be used to provide stipends to clinicians and providers involved in a pilot project. (g) Reporting Requirements.--Grant recipients shall provide a quarterly report to the Secretary that will include the following: (1) Results under the pilot project involved. (2) Number of veterans treated. (3) Individual client progress. (4) Demonstrative service coordination. (5) Client demographics. (6) Outcomes and information that can be shared with local, State, and Federal government agencies.

Reaching Rural Veterans through Telehealth Act - Expresses the sense of Congress on the need to use tele-health platforms in treating veterans living in rural areas who suffer from post-traumatic stress disorder (PTSD) and traumatic brain injury. Directs the Secretary of Veterans Affairs to award grants for establishing three pilot projects for using such platforms to serve the needs of such veterans. Requires the pilot projects to provide treatment, education, and evaluation to such veterans, as well as related support to their families.

To direct the Secretary of Veterans Affairs to carry out a pilot program to utilize tele-health platforms to assist in the treatment of veterans living in rural areas who suffer from post traumatic stress disorder or traumatic brain injury.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gas Price Relief for Consumers Act of 2008''. TITLE I--AMENDMENT TO SHERMAN ACT SEC. 101. SHORT TITLE. This title may be cited as the ``No Oil Producing and Exporting Cartels Act of 2008'' or ``NOPEC''. SEC. 102. SHERMAN ACT. The Sherman Act (15 U.S.C. 1 et seq.) is amended by adding after section 7 the following: ``Sec. 7A. (a) It shall be illegal and a violation of this Act for any foreign state, or any instrumentality or agent of any foreign state, to act collectively or in combination with any other foreign state, any instrumentality or agent of any other foreign state, or any other person, whether by cartel or any other association or form of cooperation or joint action-- ``(1) to limit the production or distribution of oil, natural gas, or any other petroleum product; ``(2) to set or maintain the price of oil, natural gas, or any petroleum product; or ``(3) to otherwise take any action in restraint of trade for oil, natural gas, or any petroleum product; when such action, combination, or collective action has a direct, substantial, and reasonably foreseeable effect on the market, supply, price, or distribution of oil, natural gas, or other petroleum product in the United States. ``(b) A foreign state engaged in conduct in violation of subsection (a) shall not be immune under the doctrine of sovereign immunity from the jurisdiction or judgments of the courts of the United States in any action brought to enforce this section. ``(c) No court of the United States shall decline, based on the act of state doctrine, to make a determination on the merits in an action brought under this section. ``(d) The Attorney General of the United States may bring an action to enforce this section in any district court of the United States as provided under the antitrust laws.''. SEC. 103. SOVEREIGN IMMUNITY. Section 1605(a) of title 28, United States Code, is amended-- (1) in paragraph (6) by striking ``or'' after the semicolon; (2) in paragraph (7) by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(8) in which the action is brought under section 7A of the Sherman Act.''. TITLE II--CREATION OF DEPARTMENT OF JUSTICE PETROLEUM INDUSTRY ANTITRUST TASK FORCE SEC. 201. ESTABLISHMENT OF DEPARTMENT OF JUSTICE PETROLEUM INDUSTRY ANTITRUST TASK FORCE. (a) Establishment of Task Force.--The Attorney General shall establish in the Department of Justice a Petroleum Industry Antitrust Task Force (in this title referred to as the ``Task Force''). (b) Responsibilities of Task Force.--The Task Force shall have the responsibility for-- (1) developing, coordinating, and facilitating the implementation of the investigative and enforcement policies of the Department of Justice related to petroleum industry antitrust issues under Federal law, (2) consulting with, and requesting assistance from, other Federal entities as may be appropriate, and (3) preparing and submitting to the Congress an annual report that-- (A) describes all investigatory and enforcement efforts of the Department of Justice related to petroleum industry antitrust issues, and (B) addresses the issues described in subsection (c). (c) Issues To Be Examined by Task Force.--The Task Force shall examine all issues related to the application of Federal antitrust laws to the market for petroleum and petroleum products, including the following: (1) The existence and effects of any price gouging in sales of gasoline. (2) The existence and effects of any international oil cartels. (3) The existence and effects of any collusive behavior in controlling or restricting petroleum refinery capacity. (4) The existence and effects of any anticompetitive price discrimination by petroleum refiners or other wholesalers of gasoline to retail sellers of gasoline. (5) The existence and effects of any unilateral actions, by refiners or other wholesalers of petroleum products, in the nature of withholding supply or otherwise refusing to sell petroleum products in order to inflate the price of such products above competitive levels. (6) The existence and effects of any anticompetitive manipulation in futures markets or other trading exchanges relating to petroleum or petroleum products. (7) The existence and effects of any other anticompetitive market manipulation activities involving petroleum or petroleum products. (8) Any other anticompetitive behavior that impacts the price or supply of petroleum or petroleum products. (9) The advisability of revising the merger guidelines to appropriately take into account particular aspects of the petroleum and petroleum products marketplace. (10) The advisability of amending the antitrust laws in light of any competitive problems in the petroleum and petroleum products marketplace described in paragraphs (1)-(8) that cannot currently be effectively addressed under such laws. (d) Director of Task Force.--The Attorney General shall appoint a director to head the Task Force. (e) Initial Report.--The 1st report required by subsection (b)(2) shall be submitted to the Congress not later than December 31, 2008. TITLE III--STUDY BY THE GOVERNMENT ACCOUNTABILITY OFFICE SEC. 301. STUDY BY THE GOVERNMENT ACCOUNTABILITY OFFICE. (a) Study.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study evaluating the effects of mergers addressed in covered merger consent decrees on competition in the markets involved, including the effectiveness of divestitures required under those consent decrees in preserving competition in those markets. (b) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit a report to Congress and the Department of Justice regarding the findings of the study conducted under subsection (b). (c) Attorney General Consideration.--Upon receipt of the report described in subsection (b), the Attorney General shall refer the report to the Task Force established under section 201, which shall consider whether any further enforcement action is warranted to protect or restore competition in any market affected by a transaction to which any covered merger consent decree relates. (d) Definition.--In this section, the term ``covered merger consent decree'' means a consent decree entered in the 10-year period ending on the date of the enactment of this Act, in an enforcement action brought under section 7 of the Clayton Act against a person engaged in the business of exploring for, producing, refining, processing, storing, distributing, or marketing petroleum or petroleum products. Passed the House of Representatives May 20, 2008. Attest: LORRAINE C. MILLER, Clerk.

Gas Price Relief for Consumers Act of 2008 - Title I: Amendment to Sherman Act - No Oil Producing and Exporting Cartels Act of 2008 or NOPEC - (Sec. 102) Amends the Sherman Act to make it illegal for any foreign state or instrumentality thereof to act collectively or in combination with any other foreign state or any other person, when such action has a direct, substantial, and reasonably foreseeable effect on the market, supply, price, or distribution of petroleum in the United States, to: (1) limit the production or distribution of oil, natural gas, or any other petroleum product (petroleum); (2) set or maintain the price of petroleum; or (3) otherwise take any action in restraint of trade for petroleum. Denies a foreign state engaged in such conduct sovereign immunity from the jurisdiction or judgments of U.S. courts in any action brought to enforce this Act. States that no U.S. court shall decline, based on the act of state doctrine, to make a determination on the merits in an action brought under this Act. Authorizes the Attorney General to bring an action in U.S. district court to enforce this Act. (Sec. 103) Makes an exception to the jurisdictional immunity of a foreign state in an action brought under this Act. Title II: Creation of Department of Justice Petroleum Industry Antitrust Task Force - (Sec. 201) Directs the Attorney General to establish in the Department of Justice (DOJ) a Petroleum Industry Antitrust Task Force to: (1) develop, coordinate, and facilitate the implementation of DOJ investigative and enforcement policies related to petroleum industry antitrust issues under federal law; and (2) report annually to Congress on DOJ investigatory and enforcement efforts related to petroleum industry antitrust issues, and on issues related to the application of federal antitrust laws to the market for petroleum. Title III: Study by the Government Accountability Office - (Sec. 301) Directs the Comptroller General to: (1) conduct a study evaluating the effects of mergers addressed in covered petroleum merger consent decrees on competition in the markets involved, including the effectiveness of divestitures required in such decrees in preserving competition in those markets; and (2) report study results to Congress and DOJ. Directs the Attorney General to refer such report to the Task Force, which shall consider whether any further enforcement action is warranted to protect or restore competition in any market affected by a transaction to which any covered merger consent decree relates.

To amend the Sherman Act to make oil-producing and exporting cartels illegal and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Subsidizing Multimillion Dollar Corporate Bonuses Act''. SEC. 2. EXPANSION OF DENIAL OF DEDUCTION FOR CERTAIN EXCESSIVE EMPLOYEE REMUNERATION. (a) Application to All Current and Former Employees.-- (1) In general.--Section 162(m) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``covered employee'' each place it appears in paragraphs (1) and (4) and inserting ``covered individual'', and (B) by striking ``such employee'' each place it appears in subparagraphs (A) and (G) of paragraph (4) and inserting ``such individual''. (2) Covered individual.--Paragraph (3) of section 162(m) of such Code is amended to read as follows: ``(3) Covered individual.--For purposes of this subsection, the term `covered individual' means any individual who is an officer, director, or employee of the taxpayer or a former officer, director, or employee of the taxpayer.''. (3) Conforming amendments.-- (A) Section 48D(b)(3)(A) of such Code is amended by inserting ``(as in effect for taxable years beginning before January 1, 2014)'' after ``section 162(m)(3)''. (B) Section 409A(b)(3)(D)(ii) of such Code is amended by inserting ``(as in effect for taxable years beginning before January 1, 2014)'' after ``section 162(m)(3)''. (b) Expansion of Applicable Employee Remuneration.-- (1) Elimination of exception for commission-based pay.-- (A) In general.--Paragraph (4) of section 162(m) of such Code, as amended by subsection (a), is amended by striking subparagraph (B) and by redesignating subparagraphs (C) through (G) as subparagraphs (B) through (F), respectively. (B) Conforming amendments.-- (i) Section 162(m)(5) of such Code is amended-- (I) by striking ``subparagraphs (B), (C), and (D) thereof'' in subparagraph (E) and inserting ``subparagraphs (B) and (C) thereof'', and (II) by striking ``subparagraphs (F) and (G)'' in subparagraph (G) and inserting ``subparagraphs (E) and (F)''. (ii) Section 162(m)(6) of such Code is amended-- (I) by striking ``subparagraphs (B), (C), and (D) thereof'' in subparagraph (D) and inserting ``subparagraphs (B) and (C) thereof'', and (II) by striking ``subparagraphs (F) and (G)'' in subparagraph (G) and inserting ``subparagraphs (E) and (F)''. (2) Inclusion of performance-based compensation.-- (A) In general.--Paragraph (4) of section 162(m) of the Internal Revenue Code of 1986, as amended by subsection (a) and paragraph (1) of this subsection, is amended by striking subparagraph (B) and redesignating subparagraphs (C) through (F) as subparagraphs (B) through (E), respectively. (B) Conforming amendments.-- (i) Section 162(m)(5) of such Code, as amended by paragraph (1), is amended-- (I) by striking ``subparagraphs (B) and (C) thereof'' in subparagraph (E) and inserting ``subparagraph (B) thereof'', and (II) by striking ``subparagraphs (E) and (F)'' in subparagraph (G) and inserting ``subparagraphs (D) and (E)''. (ii) Section 162(m)(6) of such Code, as amended by paragraph (1), is amended-- (I) by striking ``subparagraphs (B) and (C) thereof'' in subparagraph (D) and inserting ``subparagraph (B) thereof'', and (II) by striking ``subparagraphs (E) and (F)'' in subparagraph (G) and inserting ``subparagraphs (D) and (E)''. (c) Expansion of Applicable Employer.--Paragraph (2) of section 162(m) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Publicly held corporation.--For purposes of this subsection, the term `publicly held corporation' means any corporation which is an issuer (as defined in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c))-- ``(A) that has a class of securities registered under section 12 of such Act (15 U.S.C. 78l), or ``(B) that is required to file reports under section 15(d) of such Act (15 U.S.C. 780(d)).''. (d) Regulatory Authority.-- (1) In general.--Section 162(m) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(7) Regulations.--The Secretary may prescribe such guidance, rules, or regulations, including with respect to reporting, as are necessary to carry out the purposes of this subsection.''. (2) Conforming amendment.--Paragraph (6) of section 162(m) of such Code is amended by striking subparagraph (H). (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013.

Stop Subsidizing Multimillion Dollar Corporate Bonuses Act - Amends the Internal Revenue Code, with respect to the $1 million limitation on the deductibility of employee compensation, to: (1) extend such limitation to any individual who is a current or former officer, director, or employee of a publicly-held corporation; (2) eliminate the exemption from such limitation for compensation payable on a commission basis or upon the attainment of a performance goal; and (3) make such limitation applicable to all publicly-held corporations that are required by the Securities and Exchange Commission (SEC) to register securities and provide periodic reports to their investors.

Stop Subsidizing Multimillion Dollar Corporate Bonuses Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family-Based Meth Treatment Access Act of 2006''. SEC. 2. RESIDENTIAL TREATMENT PROGRAMS FOR PREGNANT AND PARENTING WOMEN. Section 508 of the Public Health Service Act (42 U.S.C. 290bb-1) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``postpartum women treatment for substance abuse'' and inserting ``parenting women treatment for substance abuse (including treatment for addiction to methamphetamine)''; (B) in paragraph (1), by striking ``reside in'' and inserting ``reside in or receive outpatient treatment services from''; and (C) in paragraph (2), by striking ``reside with the women in'' and inserting ``reside with the women in, or receive outpatient treatment services from,''; (2) in subsection (d)(6), by inserting ``, or referrals for counseling,'' after ``Counseling''; (3) by amending subsection (h) to read as follows: ``(h) Accessibility of Program.--A funding agreement for an award under subsection (a) for an applicant is that the program operated pursuant to such subsection will be accessible to-- ``(1) low-income pregnant and parenting women; and ``(2) pregnant and parenting women in health disparity populations.''. (4) by amending subsection (m) to read as follows: ``(m) Allocation of Awards.--In making awards under subsection (a), the Director shall give priority to any entity that agrees to use the award for a program serving an area that-- ``(1) is a rural area, an area designated under section 332 by the Administrator of the Health Resources and Services Administration as a health professional shortage area with a shortage of mental health professionals, or an area determined by the Director to have a shortage of family-based substance abuse treatment options; and ``(2) is determined by the Director to have high rates of addiction to methamphetamine or other drugs.''; (5) in subsection (p)-- (A) by striking ``October 1, 1994'' and inserting ``October 1, 2007''; (B) by inserting ``In submitting reports under this subsection, the Director may use data collected under this section or other provisions of law.'' after ``biennial report under section 501(k).''; and (C) by striking ``Each report under this subsection shall include'' and all that follows and inserting ``Each report under this subsection shall, with respect to the period for which the report is prepared, include the following: ``(1) A summary of any evaluations conducted under subsection (o). ``(2) Data on the number of pregnant and parenting women in need of, but not receiving, treatment for substance abuse under programs carried out pursuant to this section. Such data shall include, but not be limited to, the number of pregnant and parenting women in need of, but not receiving, treatment for methamphetamine abuse under such programs, disaggregated by State and tribe. ``(3) Data on recovery and relapse rates of women receiving treatment for substance abuse under programs carried out pursuant to this section, including data disaggregated with respect to treatment for methamphetamine abuse.''; (6) by redesignating subsections (q) and (r) as subsections (r) and (s), respectively; (7) by inserting after subsection (p) the following: ``(q) Methamphetamine Addiction.--In carrying out this section, the Director shall expand, intensify, and coordinate efforts to provide to pregnant and parenting women treatment for methamphetamine addiction.''; (8) in subsection (r) (as so redesignated)-- (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (B) by inserting after paragraph (3) the following: ``(4) The term `health disparity population' means a population in which there is a significant disparity in the overall rate of disease incidence, prevalence, morbidity, mortality, or survival rates in the population as compared to the health status of the general population.'''; and (9) in subsection (s) (as so redesignated), by striking ``such sums as may be necessary to fiscal years 2001 through 2003'' and inserting ``$70,000,000 for each of fiscal years 2007 through 2011''. SEC. 3. PROGRAM TO REDUCE SUBSTANCE ABUSE AMONG NONVIOLENT OFFENDERS: FAMILY TREATMENT ALTERNATIVES TO INCARCERATION. Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended by inserting after section 509 the following: ``SEC. 510. PROGRAM TO REDUCE SUBSTANCE ABUSE AMONG NONVIOLENT OFFENDERS: FAMILY TREATMENT ALTERNATIVES TO INCARCERATION. ``(a) In General.--The Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall make awards of grants, cooperative agreements, or contracts to public and nonprofit private entities for the purpose of assisting local jails and detention facilities in providing comprehensive, family-based substance abuse treatment services (including treatment for addiction to methamphetamine) to pregnant and parenting adults who are considered nonviolent offenders. ``(b) Minimum Qualifications for Nonprofit Private Entities.--An award may be made under subsection (a) to an applicant that is a nonprofit private entity only if the Secretary determines that-- ``(1) the applicant has the capacity to provide the services described subsection (a); and ``(2) the applicant meets all applicable State licensure and certification requirements regarding the provision of substance abuse treatment services. ``(c) Requirements Applicable to Family Drug Treatment Program That Is an Alternative to Incarceration.--A grant under this section may be used for a family drug treatment program that is an alternative to incarceration only if the program complies with the following: ``(1) The program is a comprehensive, long-term family treatment program focused on the treatment of the parent and child. ``(2) The program and its providers meet all applicable State licensure and certification requirements regarding the provision of substance abuse treatment services. ``(3) Each parent offender who participates in the program is sentenced to, or placed with, a long-term family treatment program (which shall include a residential component). ``(4) Each parent offender who participates in the program serves a sentence with respect to the underlying crime if that parent offender does not successfully complete treatment with the residential treatment provider. ``(5) The program has mandatory periodic drug testing. The Secretary shall, by prescribing guidelines or regulations, specify standards for the timing and manner of complying with such testing. The standards shall ensure that-- ``(A) each individual participating in the program as an alternative to incarceration is tested for every controlled substance that the participant has been known to abuse, and for any other controlled substance the Secretary may require; and ``(B) the testing is accurate and practicable; and ``(C) the drug testing regime is a factor in determinations of whether program participants successfully complete treatment. ``(d) Allocation of Awards.--In making awards under subsection (a), the Secretary shall give priority to any entity that agrees to use the award for a program serving an area that-- ``(1) is a rural area, an area designated under section 332 by the Administrator of the Health Resources and Services Administration as a health professional shortage area with a shortage of mental health professionals, or an area determined by the Secretary to have a shortage of family-based substance abuse treatment options; and ``(2) is determined by the Secretary to have high rates of addiction to methamphetamine or other drugs. ``(e) Definitions.--In this section the terms `family drug treatment', `family treatment', and `comprehensive, long-term family treatment' describe programs that provide, or are able to provide referrals for, the following services: Substance abuse treatment, children's early intervention services, family counseling, legal services, medical care, mental health services, nursery and preschool, parenting skills training, pediatric care, prenatal care, sexual abuse therapy, relapse prevention, transportation, and job or vocational training or general equivalency diploma (GED) classes. ``(f) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $40,000,000 for each of fiscal years 2007, 2008, and 2009, and $50,000,000 for each of fiscal years 2010 and 2011.''.

Family-Based Meth Treatment Access Act of 2006 - Amends the Public Health Service Act to expand the grant program to provide residential substance abuse treatment to pregnant and postpartum women to include: (1) parenting women substance abuse treatment (including treatment for addiction to methamphetamine); and (2) outpatient treatment services. Requires that such treatment programs be accessible to pregnant and parenting women in health disparity populations. Gives priority in awarding grants to any entity that agrees to use the award for programs serving: (1) an area that is a rural area, an area with a shortage of mental health professionals, or an area with a shortage of family-based substance abuse treatment options; or (2) an area that has high rates of addiction to methamphetamine or other drugs. Requires the Secretary of Health and Human Services, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to award grants, cooperative agreements, or contracts for the purpose of assisting local jails and detention facilities in providing comprehensive, family-based substance abuse treatment services to pregnant and parenting adults who are considered nonviolent offenders. Sets forth criteria that must be met if such a grant is used for a family drug treatment program that is an alternative to incarceration.

To amend the Public Health Service Act regarding residential treatment programs for pregnant and parenting women, a program to reduce substance abuse among nonviolent offenders, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Play in Sport Act of 2002''. SEC. 2. FINDINGS. The Congress finds that-- (1) the National Commission on Sports and Substance Abuse, sponsored by the National Center on Addiction and Substance Abuse at Columbia University, found that most parties involved in Olympic sports agree that doping (the use of banned performance-enhancing substances) is a serious problem for the Olympics and must be eliminated to preserve the integrity of the competition; (2) the use of performance-enhancing substances in sports threatens the health of our athletes, the integrity and meaning of sport, and the health and ethical values of our children; (3) there is currently no set of long-term comprehensive studies on the effects of performance-enhancing substances; (4) according to the Commission referred to in paragraph (1), some problems which must be solved to enable a fair and effective drug testing program include developing highly accurate tests for performance-enhancing substances in the body and establishing and accrediting testing laboratories around the world; (5) the United States Government has recognized the United States Anti-Doping Agency as the official anti-doping agency for Olympic, Pan American, and Paralympic sport in the United States, and provides significant financial support to such Agency; and (6) the National Institute of Standards and Technology is the Federal Government's premier laboratory for the development of standards and testing methodology as well as for developing rigorous testing laboratory accreditation procedures. SEC. 3. RESEARCH FOR TESTING OF PERFORMANCE-ENHANCING SUBSTANCES. The National Institute of Standards and Technology, in consultation and cooperation with the United States Anti-Doping Agency, shall establish a research program to develop and improve the reliability, validity, and cost-effectiveness of testing for performance-enhancing substances the use of which is prohibited in the Olympic Games. Such research program shall-- (1) pay particular attention to the development and improvement of tests for the use of steroids, human growth hormone, and insulin-like growth factor; (2) establish methods of ensuring that the ability to test for the use of newly banned performance-enhancing substances is maintained; and (3) develop standard reference materials to ensure the accuracy of measurements. Development of the agenda for the research program established under this section should be on the basis of the best available technology, regardless of the type of sample specimen used. All research projects should be evaluated on a peer-reviewed basis. SEC. 4. ACCREDITATION PROCEDURES FOR TESTING LABORATORIES. The National Institute of Standards and Technology shall provide review and assessment assistance to the United States Anti-Doping Agency with respect to the laboratory accreditation process and testing procedures delineated in the International Olympic Committee's Olympic Movement Anti-Doping Code. Such assistance shall include-- (1) procedures for accreditation of laboratories; (2) sampling procedures in doping controls; and (3) laboratory analysis procedures. The National Institute of Standards and Technology shall limit its assistance under this section to areas where it has demonstrated technical competence. SEC. 5. RESEARCH ON LONG-TERM CONSEQUENCES OF USE OF PERFORMANCE- ENHANCING SUBSTANCES. The National Institute of Standards and Technology, in consultation and cooperation with the United States Anti-Doping Agency, shall establish a research program to determine the long-term consequences of use of performance-enhancing substances. Development of the research agenda should place the highest priority on the most potentially harmful and the most widely used performance-enhancing substances. Priorities for research shall include-- (1) the health effects of consumption of performance- enhancing substances; and (2) the efficacy and long-term effects of the use of steroids, including precursor substances. Population studies under this section should not be limited to elite athletes but should include adolescent athletes as well. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Institute of Standards and Technology-- (1) for carrying out sections 3 and 4, $5,000,000 for each of the fiscal years 2003 through 2007; and (2) for carrying out section 5, $2,000,000 for each of the fiscal years 2003 through 2007.

Fair Play in Sport Act of 2002 - Directs the National Institute of Standards and Technology (NIST), in consultation and cooperation with the United States Anti-Doping Agency, to: (1) establish a research program to develop and improve the reliability, validity, and cost-effectiveness of testing for performance-enhancing substances the use of which is prohibited in the Olympic Games; and (2) establish a research program to determine the long-term consequences of the use of such substances. Requires NIST to provide review and assessment assistance to the Agency with respect to the laboratory accreditation process and testing procedures delineated in the International Olympic Committee's Olympic Movement Anti-Doping Code.

To authorize the National Institute of Standards and Technology to assist in the development of reliable and valid tests for banned performance-enhancing substances and to establish a research program on the long-term consequences of the use of such performance-enhancing substances.

SECTION 1. REPORT ON TIMELINESS IN THE PROCESSING OF APPLICATIONS FOR NATURALIZATION. (a) In General.--Not later than January 31, 1995, the Commissioner of Immigration and Naturalization shall submit to the Congress a report on timeliness in the processing of applications for naturalization. The report shall include-- (1) information, described in subsection (b), concerning timeliness in the processing of applications for naturalization; (2) analyses, described in subsection (c), of the reasons for any excessive delays in processing applications and of the resources needed to eliminate such delays; and (3) a plan, described in subsection (d), to eliminate such excessive delays. (b) Information in Report.-- (1) Excessive delay.--The report required by subsection (a) shall include a statement of-- (A) the number of applications for naturalization that were not approved or disapproved within 120 days of the date on which the Immigration and Naturalization Service received them; and (B) the number of individuals who were not sworn in as citizens within 45 days of the date of the approval of their applications for naturalization. (2) Additional information.--The report required by subsection (a) also shall include the following: (A) Time taken to process.--A statement of the average length of time that elapsed-- (i) from the date that an application for naturalization was received by the INS to the date that the application was filed; (ii) from the date that an application for naturalization was filed to the date that the applicant completed the interview used to fulfill requirements of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); (iii) from the date that the applicant completed the interview to the date that the application was approved; and (iv) from the date that an application for naturalization was approved to the date that the applicant was sworn in as a citizen. (B) Number of applications in system.--A statement, for January 1, April 1, July 1, and October 1 of each relevant year, of the number of applicants-- (i) whose applications for naturalization were received by the INS but not yet filed; (ii) whose applications for naturalization were filed, but who had not yet completed the interview used to fulfill requirements of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); (iii) who had completed the interview but whose applications for naturalization had not yet been approved or disapproved; and (iv) whose applications had been approved, but who had not yet been sworn-in. (C) Number of applications received.--A statement of-- (i) the number of applications for naturalization that were received by the INS; and (ii) the number of applications for naturalization that the INS expects to receive in each of the calendar years 1994, 1995, 1996, 1997, and 1998, and an explanation of how the expected numbers of applications were calculated. (D) Adequacy of fees.--A statement of-- (i) the amount of money the INS collects by imposing fees for the processing of applications for naturalization; (ii) what expenses are paid with the money from such fees; and (iii) the cost of processing applications for naturalization. (3) Breakdown of information by office and year.--The information required by this subsection shall be reported-- (A) by office, for each regional and district office of the INS that is located in the United States; and (B) by year, for applications received by the INS in the calendar years 1991, 1992, and 1993, except for the information required by paragraph (2)(C)(ii). (c) Analyses in Report.-- (1) Reasons for delay.--The report required by subsection (a) shall include a statement of the reasons for the excessive delay reported under subsection (b)(1). (2) Resources needed.--The report required by subsection (a) also shall include a detailed list of the budgetary, staff, and other resources-- (A) that are used to process applications for naturalization; and (B) that would be adequate to process applications for naturalization in a timely manner. (3) Breakdown of analyses.--The analyses required by paragraphs (1) and (2) shall be reported-- (A) by type of excessive delay, according to the categories described in subsection (e)(1); and (B) by office and year, according to the categories described in subsection (b)(3). (d) Plan To Improve Timeliness.-- (1) In general.--The report required by subsection (a) shall include a plan specifying how the INS will process applications for naturalization in a timely manner, including-- (A) how the INS will process applications for naturalization that are received by the INS after April 30, 1995, in a timely manner, taking into account the expected future increase in the number of applications for naturalization; and (B) how the INS will process applications that are received by the INS on or before April 30, 1995, in order to eliminate, by April 30, 1996, the backlog composed of individuals who are experiencing excessive delay. (2) Specifics.--The plan required by paragraph (1) shall include-- (A) suggested methods to utilize existing INS staff more effectively; (B) an evaluation of the possibility of using computer technology to improve the processing of applications for naturalization; and (C) proposals for any statutory change or other congressional action that the Commissioner of Immigration and Naturalization believes is necessary to process applications for naturalization in a timely manner. (e) Definitions.--For purposes of this section: (1) The term ``excessive delay'' means the following types of delay: (A) A delay of more than 120 days between the date that an application for naturalization is received by the INS and the date that the application is approved or disapproved. (B) A delay of more than 45 days between the date that an application for naturalization is approved and the date that the applicant is sworn in as a citizen. (2) The term ``filed'' means entered into a computer system used by the INS. (3) The term ``INS'' means the Immigration and Naturalization Service. (4) The term ``timely manner'' means without excessive delay.

Directs the Commissioner of Immigration and Naturalization to report on the timeliness of processing naturalization applications.

To require a report on the timeliness of processing applications for naturalization.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Handgun Licensing Act of 1999''. SEC. 2. STATE LICENSE REQUIRED TO RECEIVE A HANDGUN OR HANDGUN AMMUNITION. (a) In General.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(z)(1) It shall be unlawful for any person to sell, deliver, or otherwise transfer a handgun or handgun ammunition to an individual who is not licensed under section 923 unless-- ``(A) the transferor (or a licensed dealer, if State law so directs or allows)-- ``(i) has examined a valid handgun license issued to the individual by the State in which the transaction takes place, and an additional valid identification document (as defined in section 1028) containing a photograph of the individual; and ``(ii) has contacted the chief law enforcement officer of the State, and been informed by the officer that the handgun license has not been revoked; and ``(B)(i) 3 business days (meaning a day on which State offices are open) have elapsed from the date on which the transferor (or licensed dealer) received the information described in subparagraph (A)(ii); or ``(ii) the individual has presented to the transferor (or licensed dealer) a written document, issued not less than 10 days earlier by the chief law enforcement officer of the State in which the individual resides, stating that the transferee requires access to a handgun because of a threat to the life of the transferee or any member of the household of the transferee. ``(2) It shall be unlawful for an individual who is not licensed under section 923 to receive a handgun or handgun ammunition unless the individual possesses a valid handgun license issued to the individual by the State in which the transaction takes place. ``(3)(A) For purposes of this subsection, the term `handgun license' means a license issued under a State law that-- ``(i) provides for the issuance and revocation of licenses permitting persons to receive handguns and handgun ammunition, and for the reporting of losses and thefts of handguns and handgun ammunition; and ``(ii) at a minimum, meets the requirements of this paragraph. ``(B) The State law referred to in subparagraph (A) shall provide that a handgun license shall-- ``(i) be issued by the chief law enforcement officer of the State; ``(ii) contain the licensee's name, address, date of birth, and physical description, a unique license number, and a photograph of the licensee; and ``(iii) remain valid for not more than 2 years, unless revoked. ``(C) The State law referred to in subparagraph (A) shall provide that, before a handgun license is issued to an applicant, the chief law enforcement officer of the State determine that the applicant-- ``(i) has attained 21 years of age; ``(ii) is a resident of the State, by examining, in addition to a valid identification document (as defined in section 1028), a utility bill or lease agreement; ``(iii) is not prohibited from possessing or receiving a handgun under Federal, State, or local law, based upon name- and fingerprint-based research in all available Federal, State, and local recordkeeping systems, including the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act; and ``(iv) has been issued a handgun safety certificate by the State. ``(D) The State law referred to in subparagraph (A) shall provide that, if the chief law enforcement officer of the State determines that an individual is ineligible to receive a handgun license, and the individual, in writing, requests the officer to provide the reasons for the determination, the officer shall provide the reasons to the individual, in writing, within 20 business days after receipt of the request. ``(E)(i) The State law referred to in subparagraph (A) shall provide that a handgun license issued by the State shall be revoked if the chief law enforcement officer of the State determines that the licensee no longer meets the requirements of subparagraph (C). ``(ii) The State law shall provide that, within 10 days after a person receives notice from the State that the handgun license issued to the person has been revoked, the person shall return the license to the chief law enforcement officer of the State in which the licensee resides. ``(F) The State law referred to in subparagraph (A) shall provide that, within 24 hours after a handgun licensee discovers the theft of any firearm from, or the loss of any firearm by the licensee, the licensee shall report the theft or loss to-- ``(i) the Secretary; ``(ii) the chief law enforcement officer of the State; and ``(iii) appropriate local authorities, and shall provide that any failure to make such a report shall be punishable by a civil penalty as provided by State law, with a maximum penalty of at least $1,000. ``(4)(A) For purposes of paragraph (3)(C)(iv), the term `handgun safety certificate' means a certificate issued under a State law that-- ``(i) provides for the issuance of certificates attesting to the completion of a course of instruction and examination in handgun safety, consistent with this paragraph; and ``(ii) at a minimum, meets the requirements of this paragraph. ``(B) The State law referred to in subparagraph (A) shall provide that the chief law enforcement officer of a State shall issue the handgun safety certificate. ``(C) The State law referred to in subparagraph (A) shall provide that a handgun safety certificate shall not be issued to an applicant unless the chief law enforcement officer of the State determines that the applicant-- ``(i) has completed a course, taught by law enforcement officers and designed by the chief law enforcement officer, of not less than 2 hours of instruction in handgun safety; and ``(ii) has passed an examination, designed by the chief law enforcement officer, testing the applicant's knowledge of handgun safety. ``(5) For purposes of this subsection, the term `chief law enforcement officer' means, with respect to a State, the chief, or equivalent officer, of the State police force, or the designee of that officer.''. (b) Definition of Handgun Ammunition.--Section 921(a) of such title is amended by adding at the end the following: ``(35) The term `handgun ammunition' means-- ``(A) a centerfire cartridge or cartridge case less than 1.3 inches in length; or ``(B) a primer, bullet, or propellant powder designed specifically for use in a handgun.''. (c) Penalty.--Section 924(a)(1)(B) of such title is amended by inserting ``, or (z)'' before ``of section 922''. (d) Technical Correction.--Section 922(t)(1)(B)(ii) of such title is amended by inserting ``or State law'' after ``section''. (e) Funding.-- (1) Grants for establishing systems of licensing and registration.--Subject to the availability of appropriations, the Attorney General shall make a grant to each State (as defined in section 921(a)(2) of title 18, United States Code), to cover the initial startup costs associated with establishing a system of licensing pursuant to section 922(z) of title 18, United States Code. (2) Authorization of appropriations.--For grants under paragraph (1), there is authorized to be appropriated a total of $200,000,000 for fiscal year 2000 and all fiscal years thereafter. (f) Effective Date.--The amendments made by this section shall take effect 180 days after the date of the enactment of this Act. SEC. 3. REQUIREMENT OF BUSINESS LIABILITY INSURANCE. Section 923(d)(1) of title 18, United States Code, is amended-- (1) by striking the period at the end of subparagraph (F) and inserting a semicolon; (2) by striking the period at the end of subparagraph (G) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(H) the applicant certifies that the business is covered by an insurance policy which provides personal injury protection, to a limit of $100,000, to any person who, while engaged in lawful activity, suffers bodily injury or death through the use of a handgun obtained as a result of the negligence of the applicant.''.

Prohibits an unlicenced individual from receiving a handgun or handgun ammunition without possessing a valid handgun license issued to the individual by the State in which the transaction takes place. Defines "handgun license" to mean a license issued under a State law that: (1) provides for the issuance and revocation of licenses permitting persons to receive handguns and handgun ammunition; (2) provides for the reporting of losses and thefts of handguns and handgun ammunition; and (3) at a minimum, meets the requirements of this Act. Requires such State law to provide that a handgun license shall: (1) be issued by the officer; (2) contain the licensee's name, address, date of birth, and physical description, a unique license number, and a photograph of the licensee; and (3) remain valid for not more than two years unless revoked. Requires such State law to provide that, before a handgun license is issued to an applicant, the officer determine that the applicant: (1) has attained age 21; (2) is a resident of the State by examining, in addition to a valid identification document, a utility bill or lease agreement; (3) is not prohibited from possessing or receiving a handgun under Federal, State, or local law based upon name- and fingerprint-based research in all available Federal, State, and local recordkeeping systems, including the national instant criminal background check system established under the Act; and (4) has been issued a handgun safety certificate by the State (applicant requirements). Requires such State law to provide that: (1) if the officer determines that an individual is ineligible to receive a handgun license, and the individual requests in writing that the officer provide the reasons for the determination, the officer shall provide the reasons to the individual in writing within 20 business days after receipt of the request; (2) a handgun license issued by the State shall be revoked if the officer determines that the licensee no longer meets applicant requirements; (3) within ten days after a person receives notice from the State that the handgun license issued to the person has been revoked, the person shall return the license to the officer of the State in which the licensee resides; (4) within 24 hours after a handgun licensee discovers the theft of any firearm from, or the loss of any firearm by, the licensee, the licensee shall report the theft or loss to the Secretary, the officer, and appropriate local authorities; (5) any failure to make such a report shall be punishable by a civil penalty, with a maximum penalty of at least $1,000; (6) the officer shall issue the handgun safety certificate; and (7) such a certificate shall not be issued unless the officer determines that the applicant has completed a course of not less than two hours of handgun safety instruction and has passed an examination testing the applicant's knowledge of handgun safety. Amends the Act to define "handgun ammunition" to mean: (1) a center-fire cartridge or cartridge case less than 1.3 inches in length; or (2) a primer, bullet, or propellant powder designed specifically for use in a handgun. Sets penalties for violations of this Act. Directs the Attorney General to make a grant to each State to cover the initial startup costs associated with establishing a licensing system. Authorizes appropriations. Requires an applicant for a license to certify that the business is covered by an insurance policy which provides personal injury protection, to a limit of $100,000, to any person who, while engaged in lawful activity, suffers bodily injury or death through the use of a handgun obtained as a result of the applicant's negligence.

Handgun Licensing Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energy Incentive Act''. SEC. 2. EXTENSION OF GRANTS FOR SPECIFIED ENERGY PROPERTY IN LIEU OF TAX CREDITS. (a) In General.--Subsection (a) of section 1603 of division B of the American Recovery and Reinvestment Act of 2009 is amended-- (1) in paragraph (1), by striking ``2009 or 2010'' and inserting ``2009, 2010, 2011, or 2012'', and (2) in paragraph (2)-- (A) by striking ``after 2010'' and inserting ``after 2012'', and (B) by striking ``2009 or 2010'' and inserting ``2009, 2010, 2011, or 2012''. (b) Conforming Amendment.--Subsection (j) of section 1603 of division B of such Act is amended by striking ``2011'' and inserting ``2013''. SEC. 3. EXPANSION OF GRANTS FOR SPECIFIED ENERGY PROPERTY IN LIEU OF TAX CREDITS. (a) Grants Allowed for Certain Governmental Units and Cooperative Electric Companies.-- (1) In general.--Subsection (g) of section 1603 of division B of the American Recovery and Reinvestment Act of 2009 is amended-- (A) in paragraph (1), by inserting ``other than a governmental unit which is a State utility with a service obligation (as such terms are defined in section 217 of the Federal Power Act, as in effect on the date of the enactment of this paragraph),'' after ``thereof),'', (B) in paragraph (2), by inserting ``other than a mutual or cooperative electric company described in section 50(c)(12) of such Code'' after ``such Code'', and (C) by striking paragraph (3) and redesignating paragraph (4) as paragraph (3). (2) Conforming amendment.--Paragraph (3) of section 1603(g) of division B of such Act, as redesignated by paragraph (1)(C), is amended by striking ``paragraph (1), (2), or (3)'' and inserting ``paragraph (1) or (2)''. (b) No Grants for Portion of Property Financed With CREBs or Tax- Exempt Bonds.--Section 1603 of division B of such Act, as amended by section 2, is amended by redesignating subsections (h), (i), and (j) as subsections (i), (j), and (k), respectively, and by inserting after subsection (g) the following new subsection: ``(h) Special Rule for Bond Financed Property.--The amount of any grant under this section with respect to any specified energy property shall not exceed an amount equal to-- ``(1) the basis of such property, over ``(2) the portion of the basis of such property which is allocable to proceeds of any bond which is designated as a new clean renewable energy bond under section 54C of such Code or any bond the interest on which is exempt from tax under section 103 of such Code.''. (c) Treatment of Grants for Cooperative Electric Companies.-- Paragraph (12) of section 501(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(I) In the case of a mutual or cooperative electric company described in this paragraph or an organization described in section 1381(a)(2)(C), subparagraph (A) shall be applied without taking into account any grant received under section 1603 of division B of the American Recovery and Reinvestment Act of 2009.''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 4. CREDIT FOR QUALIFIED SOLAR MANUFACTURING PROJECT PROPERTY. (a) In General.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of clause (vi), by inserting ``or'' at the end of clause (vii), and by inserting after clause (vii) the following new clause: ``(viii) qualified solar manufacturing project property,''. (b) Credit Percentage.--Subclause (II) of section 48(a)(2)(A)(i) of such Code is amended by striking ``paragraph (3)(A)(i)'' and inserting ``clause (i) or (viii) of paragraph (3)(A)''. (c) Qualified Solar Manufacturing Property.--Section 48(c) of such Code is amended by adding at the end the following new paragraph: ``(5) Qualified solar manufacturing project property.--The term `qualified solar manufacturing project property' means any tangible personal property (not including a building or its structural components) purchased to re-equip, expand, or establish a manufacturing facility for the production of property described in subsection (a)(3)(A)(i), but only if such property is used as an integral part of the production process. Such term shall not include any property if such property has been certified for a credit under section 48C.''. (d) Property Eligible for Grant.--Subsection (d) of section 1603 of division B of the American Recovery and Reinvestment Act of 2009 is amended by inserting after paragraph (8) the following new paragraph: ``(9) Qualified solar manufacturing project property.--Any qualified solar manufacturing project property (as defined in section 48(c)(5) of such Code).''. (e) Effective Date.-- (1) In general.--The amendments made by subsections (a), (b), and (c) shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). (2) Grants.--The amendment made by subsection (d) shall apply to property placed in service after the date of the enactment of this Act. SEC. 5. CREDIT FOR HIGH SOLARITY DISTURBED PRIVATE LAND CONSOLIDATION. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. HIGH SOLARITY DISTURBED PRIVATE LAND CONSOLIDATION CREDIT. ``(a) In General.--For purposes of section 38, the high solarity disturbed private land consolidation credit for any taxable year is an amount equal to 30 percent of any amounts paid during the taxable year to purchase more than 2 sections of contiguous high solarity disturbed private land for the purpose of consolidating the lands into a contiguous block suitable for the production of solar energy for use in a trade or business. ``(b) High Solarity Disturbed Private Land.--The term `high solarity disturbed private land' means real property which-- ``(1) is located in the United States, ``(2) was acquired in units that averaged less than 100 contiguous acres from any private person, ``(3) is in a location identified on the July 2007 Concentrating Solar Power Resources Maps published by the National Renewable Energy Laboratory as-- ``(A) having a solar resource of 7 kwh per square meter per year or higher, at 3 percent or less grade, and ``(B) outside of a sensitive environmental or urban area, ``(4) was previously disturbed either by residential or retail development, agriculture, industrial use, mining, or other mechanical disturbance, and ``(5) will be primarily used for generating solar electricity from property which is described in section 48(a)(3)(A)(i) within 5 years of the date of purchase. ``(c) Reduction in Basis.--If a credit is determined under this section with respect to any property by reason of expenditures described in subsection (a), the basis of such property shall be reduced by the amount of the credit so determined. ``(d) Property Used by Tax-Exempt Persons.--For purposes of this section, rules similar to the rules of paragraphs (3) and (4) of section 50(b) shall apply. ``(e) Recapture in Case of Disposition.--The Secretary shall provide for the recapture of the amount of any credit allowed under this section if the property is not used for the production of solar energy in a trade or business within 5 years of the date of purchase.''. (b) Credit Allowed as Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the high solarity disturbed private land consolidation credit determined under section 45S(a).''. (c) Basis Adjustment.--Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following: ``(38) in the case of a facility with respect to which a credit was allowed under section 45S, to the extent provided in section 45S(c).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45S. High solarity disturbed private land consolidation credit.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 6. ENERGY CREDIT ALLOWED FOR WATER HEATERS IN POOLS LOCATED ON COMMERCIAL PROPERTY. (a) In General.--Section 48(a)(3)(A)(i) of the Internal Revenue Code of 1986 is amended by inserting ``located at a single family residence'' after ``swimming pool''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after the date of the enactment of this Act.

Renewable Energy Incentive Act - Amends the American Recovery and Reinvestment Act of 2009 to: (1) extend the grant program for investment in renewable energy property, including renewable resources used to produce electricity, and fuel cell, solar, wind, geothermal, and microturbine property, in lieu of tax credits, by extending the placed-in-service deadline for such property through 2012; and (2) expand eligibility for such grants to certain state power utilities and tax-exempt mutual or cooperative electric companies. Amends the Internal Revenue Code to: (1) allow an energy tax credit for investment in qualified solar manufacturing project property; (2) allow a tax credit for the purchase, consolidation, and use of contiguous high solarity disturbed private land to produce solar energy for use in a trade or business; and (3) limit the energy tax credit for solar energy equipment used to generate electricity or heat or cool a structure, as applied to swimming pools, to exclude those located at single-family residences. Defines "qualified solar manufacturing project property" as any tangible personal property purchased to re-equip, expand, or establish a manufacturing facility for producing solar energy equipment to generate electricity.

To amend the American Recovery and Reinvestment Act of 2009 and the Internal Revenue Code of 1986 to provide incentives for the development of solar energy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safety and Health Whistleblower Protection Act''. SEC. 2. EMPLOYEE ACTIONS. Section 11(c)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 660(c)(1)) is amended by inserting before the period the following: ``including reporting any injury, illness or unsafe condition''. SEC. 3. PROHIBITION OF DISCRIMINATION. Section 11(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 660(c)) is amended by striking paragraph (2) and inserting the following: ``(2) No person shall discharge or in any manner discriminate against an employee for refusing to perform the employee's duties when the employee has a reasonable apprehension that performing such duties would result in serious injury or serious impairment of health to the employee or other employees. The circumstances causing the employee's apprehension of serious injury must be of such a nature that a reasonable person would conclude that there is a danger of serious injury or serious impairment of health. This paragraph shall only apply to an employee to the extent that the employee, if possible, communicated to the employer the danger perceived.''. SEC. 4. PROCEDURE. Section 11(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 660(c)) is amended by striking paragraph (3) and inserting the following: ``(3) Any employee who believes that he or she has been discharged, disciplined, or otherwise discriminated against in violation of paragraph (1) or (2) may, within 180 days after the date on which such alleged violation occurs, file (or have filed by any person on the employee's behalf) a complaint with the Secretary alleging such discharge, discipline, or discrimination. Upon receipt of such a complaint, the Secretary shall notify the person named in the complaint of the filing of the complaint. ``(4)(A) Within 90 days of the receipt of a complaint filed under paragraph (3), the Secretary shall conduct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and shall notify the complainant and the person alleged to have committed the violation of paragraph (1) or (2) of the Secretary's findings. Where the Secretary has determined that there is reasonable cause to believe that a violation has occurred, the Secretary's findings shall be accompanied by a preliminary order providing the relief prescribed by subparagraph (E). ``(B)(i) After a preliminary order is issued under subparagraph (A), the person alleged to have committed the violation involved or the complainant may, within 30 days, file objections to the findings or preliminary order, or both, and request a hearing on the record, except that the filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order; and ``(ii) If a hearing described in clause (i) is not requested in a timely manner as provided for under such clause, the preliminary order involved shall be deemed a final order and not be subject to judicial review. ``(C) If the Secretary has not issued findings under subparagraph (A) within the 90-day period described in such subparagraph, and the employee or representative of the employee files a request for a hearing with the Secretary, the Secretary shall afford an opportunity for a hearing on the record. ``(D) If requested under subparagraph (C), a hearing shall be conducted by an administrative law judge and a recommended decision and order issued expeditiously. The legal burdens of proof that prevail under section 1221 of title 5, United States Code, shall govern adjudication of violations under this subsection. The Secretary shall issue a final order within 120 days of the issuance of the recommended decision. In the interim, such proceedings may be terminated at any time on the basis of a settlement agreement entered into by the Secretary, the complainant, and the person alleged to have committed the violation. ``(E) If, in response to a complaint filed under paragraph (3), the Secretary determines that a violation of paragraph (1) or (2) has occurred, the Secretary shall order as appropriate-- ``(i) the person who committed such violation to correct the violation; ``(ii) the person to reinstate the complainant to the complainant's former position together with the compensation (including back pay), terms, conditions, and privileges of the position; ``(iii) compensatory damages; and ``(iv) exemplary damages. Upon issuance of such an order, the Secretary may assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorney's fees and expert witness fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued, including costs and expenses incurred upon review before a court of appeals. ``(F) In conducting an investigation or adjudication under this paragraph, the provisions of section 8(b) shall apply. ``(5)(A) Any person adversely affected or aggrieved by a final order issued under paragraph (4)(D) may obtain review of the order before the United States court of appeals for the circuit in which the violation, with respect to which the order was issued, occurred, or the circuit in which such person resided on the date of such violation. The petition for review must be filed within 60 days from the date on which the Secretary's order was issued. Such review shall be in accordance with the provisions of chapter 7 of title 5, United States Code. An order of the Secretary subject to review under this subsection is not subject to judicial review in a criminal or other civil proceeding. The commencement of proceedings under this subsection shall not, unless ordered by the court, operate as a stay of the order of the Secretary. ``(B) When a person has failed to comply with a final order or an order of reinstatement issued under paragraph (4), the Secretary or the person on behalf of whom the order was issued may file a civil action in the United States district court for the district in which the violation was found to occur in order to enforce such order. In actions brought under this subparagraph, the district court shall have jurisdiction to grant additional appropriate relief in light of the noncompliance.''. SEC. 5. RELATION TO ENFORCEMENT. Section 17(j) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 666(j)) is amended by inserting before the period the following: ``, including the history of violation under section 11(c)''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall take effect 90 days after the date of enactment of this Act.

Safety and Health Whistleblower Protection Act - Amends the Occupational Safety and Health Act of 1970 to prohibit employer reprisals against employees based on certain employee conduct concerning safe and healthy working conditions. Sets forth procedures for filing, investigating, issuing temporary and final orders providing relief, conducting hearings, obtaining judicial review of final orders, and enforcing final orders with regard to an employee's complaint of such a reprisal.

Safety and Health Whistleblower Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Allowance Modernization Act of 2016''. SEC. 2. AMENDMENTS. (a) Former Presidents.--The first section of the Act entitled ``An Act to provide retirement, clerical assistants, and free mailing privileges to former Presidents of the United States, and for other purposes'', approved August 25, 1958 (commonly known as the ``Former Presidents Act of 1958'') (3 U.S.C. 102 note), is amended by striking the matter preceding subsection (e) and inserting the following: ``(a) In General.--Each former President shall be entitled for the remainder of his or her life to receive from the United States-- ``(1) an annuity at the rate of $200,000 per year, subject to subsection (c); and ``(2) a monetary allowance at the rate of $200,000 per year, subject to subsections (c) and (d). ``(b) Duration; Frequency.-- ``(1) In general.--The annuity and allowance under subsection (a) shall each-- ``(A) commence on the day after the date on which an individual becomes a former President; ``(B) terminate on the date on which the former President dies; and ``(C) be payable by the Secretary of the Treasury on a monthly basis. ``(2) Appointive or elective positions.--The annuity and allowance under subsection (a) shall not be payable for any period during which a former President holds an appointive or elective position in or under the Federal Government to which is attached a rate of pay other than a nominal rate. ``(c) Cost-of-Living Increases.--Effective December 1 of each year, each annuity and allowance under subsection (a) that commenced before that date shall be increased by the same percentage by which benefit amounts under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased, effective as of that date, as a result of a determination under section 215(i) of that Act (42 U.S.C. 415(i)). ``(d) Limitation on Monetary Allowance.-- ``(1) In general.--Notwithstanding any other provision of this section, the monetary allowance payable under subsection (a)(2) to a former President for any 12-month period-- ``(A) except as provided in subparagraph (B), may not exceed the amount by which-- ``(i) the monetary allowance that (but for this subsection) would otherwise be so payable for such 12-month period, exceeds (if at all) ``(ii) the applicable reduction amount for such 12- month period; and ``(B) shall not be less than the amount determined under paragraph (4). ``(2) Definition.-- ``(A) In general.--For purposes of paragraph (1), the term `applicable reduction amount' means, with respect to any former President and in connection with any 12-month period, the amount by which-- ``(i) the sum of-- ``(I) the adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986) of the former President for the most recent taxable year for which a tax return is available; and ``(II) any interest excluded from the gross income of the former President under section 103 of such Code for such taxable year, exceeds (if at all) ``(ii) $400,000, subject to subparagraph (C). ``(B) Joint returns.--In the case of a joint return, subclauses (I) and (II) of subparagraph (A)(i) shall be applied by taking into account both the amounts properly allocable to the former President and the amounts properly allocable to the spouse of the former President. ``(C) Cost-of-living increases.--The dollar amount specified in subparagraph (A)(ii) shall be adjusted at the same time that, and by the same percentage by which, the monetary allowance of the former President is increased under subsection (c) (disregarding this subsection). ``(3) Disclosure requirement.-- ``(A) Definitions.--In this paragraph-- ``(i) the terms `return' and `return information' have the meanings given those terms in section 6103(b) of the Internal Revenue Code of 1986; and ``(ii) the term `Secretary' means the Secretary of the Treasury or the Secretary of the Treasury's delegate. ``(B) Requirement.--A former President may not receive a monetary allowance under subsection (a)(2) unless the former President discloses to the Secretary, upon the request of the Secretary, any return or return information of the former President or spouse of the former President that the Secretary determines is necessary for purposes of calculating the applicable reduction amount under paragraph (2) of this subsection. ``(C) Confidentiality.--Except as provided in section 6103 of the Internal Revenue Code of 1986 and notwithstanding any other provision of law, the Secretary may not, with respect to a return or return information disclosed to the Secretary under subparagraph (B)-- ``(i) disclose the return or return information to any entity or person; or ``(ii) use the return or return information for any purpose other than to calculate the applicable reduction amount under paragraph (2). ``(4) Increased costs due to security needs.--With respect to the monetary allowance that would be payable to a former President under subsection (a)(2) for any 12-month period but for the limitation under paragraph (1), the Administrator of General Services, in coordination with the Director of the United States Secret Service, shall determine the amount of the allowance that is needed to pay the increased cost of doing business that is attributable to the security needs of the former President.''. (b) Surviving Spouses of Former Presidents.-- (1) Increase in amount of monetary allowance.--Subsection (e) of the first section of the Former Presidents Act of 1958 is amended-- (A) in the first sentence, by striking ``$20,000 per annum,'' and inserting ``$100,000 per year (subject to paragraph (4)),''; and (B) in the second sentence-- (i) in paragraph (2), by striking ``and'' at the end; (ii) in paragraph (3)-- (I) by striking ``or the government of the District of Columbia''; and (II) by striking the period and inserting ``; and''; and (iii) by inserting after paragraph (3) the following: ``(4) shall, after its commencement date, be increased at the same time that, and by the same percentage by which, annuities of former Presidents are increased under subsection (c).''. (2) Coverage of widower of a former president.--Subsection (e) of the first section of the Former Presidents Act of 1958, as amended by paragraph (1), is amended-- (A) by striking ``widow'' each place it appears and inserting ``widow or widower''; and (B) by striking ``she'' and inserting ``she or he''. (c) Subsection Headings.--The first section of the Former Presidents Act of 1958 is amended-- (1) in subsection (e), by inserting after the subsection enumerator the following: ``Widows and Widowers.--''; (2) in subsection (f), by inserting after the subsection enumerator the following: ``Definition.--''; and (3) in subsection (g), by inserting after the subsection enumerator the following: ``Authorization of Appropriations.--''. SEC. 3. RULE OF CONSTRUCTION. Nothing in this Act or an amendment made by this Act shall be construed to affect-- (1) any provision of law relating to the security or protection of a former President or a member of the family of a former President; or (2) funding, under the Former Presidents Act of 1958 or any other law, to carry out any provision of law described in paragraph (1). SEC. 4. TRANSITION RULES. (a) Former Presidents.--In the case of any individual who is a former President on the date of enactment of this Act, the amendment made by section 2(a) shall be applied as if the commencement date referred in subsection (b)(1)(A) of the first section of the Former Presidents Act of 1958, as amended by section 2(a), coincided with such date of enactment. (b) Widows.--In the case of any individual who is the widow of a former President on the date of enactment of this Act, the amendments made by section 2(b)(1) shall be applied as if the commencement date referred to in subsection (e)(1) of the first section of the Former Presidents Act of 1958, as amended by section 2(b)(1), coincided with such date of enactment. SEC. 5. APPLICABILITY. For a former President receiving a monetary allowance under the Former Presidents Act of 1958 on the day before the date of enactment of this Act, the limitation under subsection (d)(1) of the first section of that Act, as amended by section 2(a), shall apply to the monetary allowance of the former President, except to the extent that the application of the limitation would prevent the former President from being able to pay the cost of a lease or other contract that is in effect on the day before the date of enactment of this Act and under which the former President makes payments using the monetary allowance, as determined by the Administrator of General Services. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Presidential Allowance Modernization Act of 2016 (Sec. 2) This bill revises provisions relating to presidential pensions to allow former Presidents a lifetime annual annuity of $200,000 and an additional annual monetary allowance of $200,000, each adjusted annually for cost-of-living increases as provided by the Social Security Act. It reduces the annual monetary allowance by the amount that a former President's adjusted gross income in a taxable year exceeds $400,000.  The bill prohibits the monetary allowance from being less than the amount that the General Services Administration and the U.S. Secret Service determine is needed to pay the increased cost of doing business that is attributable to the security needs of the former President. The annuity and allowance shall not be payable for any period during which a former President holds an appointive or elective position in or under the federal government that pays more than a nominal rate. The bill increases from $20,000 to $100,000 the annual annuity of a surviving spouse of a former President. (Sec. 3) Nothing in this bill shall be construed to affect: (1) a law relating to the security or protection of a former President or a family member of a former President, or (2) funding to carry out such security or protection. (Sec. 4) The bill applies to an individual who is a former President or the widow of a former President as of the date of enactment. (Sec. 5) For a former President receiving a monetary allowance before the enactment of this bill, the reduction of the monetary allowance for adjusted gross income required by this bill applies, except to the extent that it would prevent the former President from being able to pay the cost of a lease or other contract that is in effect on the day before enactment of this bill and under which the former President makes payments using the monetary allowance.

Presidential Allowance Modernization Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Protective Service Parity Act of 2014''. SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM AND FEDERAL EMPLOYEES RETIREMENT SYSTEM. (a) Civil Service Retirement System.-- (1) Definition.--Section 8331 of title 5, United States Code is amended-- (A) in paragraph (31), by striking ``and'' at the end; (B) in paragraph (32), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(33) the term `Federal Protective Service law enforcement officer' means an employee in the Federal Protective Service of the Department of Homeland Security-- ``(A) who holds a position within the GS-0083, GS- 0080, GS-1801, or GS-1811 job series (determined applying the criteria in effect as of September 1, 2007) or any successor position; and ``(B) who are authorized to carry firearms and empowered to make arrests in the performance of duties related to the protection of buildings, grounds and property that are owned, occupied, or secured by the Federal Government (including any agency, instrumentality or wholly owned or mixed-ownership corporation thereof) and the persons on the property, including any such employee who is transferred directly to a supervisory or administrative position in the Department of Homeland Security after performing such duties in 1 or more positions (as described under subparagraph (A)) for at least 3 years.''. (2) Deductions, contributions, and deposits.--Section 8334 of title 5, United States Code, is amended-- (A) in subsection (a)(1)(A), by inserting ``Federal Protective Service law enforcement officer,'' before ``or customs and border protection officer,''; and (B) in the table contained in subsection (c), by adding at the end the following: ---------------------------------------------------------------------------------------------------------------- ``Federal Protective Service Law 7.5 On or after the effective date in section Enforcement Officer 2(e) of the Federal Protective Service Parity Act of 2014.''. ---------------------------------------------------------------------------------------------------------------- (3) Mandatory separation.--The first sentence of section 8335(b)(1) of title 5, United States Code, is amended by inserting ``Federal Protective Service law enforcement officer,'' before ``or customs and border protection officer''. (4) Immediate retirement.--Section 8336 of title 5, United States Code, is amended-- (A) in subsection (c)(1), by inserting ``Federal Protective Service law enforcement officer,'' before ``or customs and border protection officer''; and (B) in subsections (m) and (n), by inserting ``as a Federal Protective Service law enforcement officer,'' before ``or as a customs and border protection officer,''. (b) Federal Employees Retirement System.-- (1) Definition.--Section 8401 of title 5, United States Code, is amended-- (A) in paragraph (37), by striking ``and'' at the end; (B) in paragraph (38), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(39) `Federal Protective Service law enforcement officer' means an employee in the Federal Protective Service of the Department of Homeland Security-- ``(A) who holds a position within the GS-0083, GS- 0080, GS-1801, or GS-1811 job series (determined applying the criteria in effect as of September 1, 2007) or any successor position; and ``(B) who are authorized to carry firearms and empowered to make arrests in the performance of duties related to the protection of buildings, grounds and property that are owned, occupied, or secured by the Federal Government (including any agency, instrumentality or wholly owned or mixed-ownership corporation thereof) and the persons on the property, including any such employee who is transferred directly to a supervisory or administrative position in the Department of Homeland Security after performing such duties in 1 or more positions (as described under subparagraph (A)) for at least 3 years.''. (2) Immediate retirement.--Paragraphs (1) and (2) of section 8412(d) of title 5, United States Code, are amended by inserting ``Federal Protective Service law enforcement officer,'' before ``or customs and border protection officer,''. (3) Computation of basic annuity.--Section 8415(i)(2) of title 5, United States Code, is amended by inserting ``Federal Protective Service law enforcement officer,'' before ``or customs and border protection officer''. (4) Deductions from pay.--The table contained in section 8422(a)(3) of title 5, United States Code, is amended by adding at the end the following: ---------------------------------------------------------------------------------------------------------------- ``Federal Protective Service Law 7.5 On or after the effective date in section Enforcement Officer 2(e) of the Federal Protective Service Parity Act of 2014.''. ---------------------------------------------------------------------------------------------------------------- (5) Government contributions.--Section 8423(a) of title 5, United States Code, is amended-- (A) in paragraph (1)(B)(i) by inserting ``Federal Protective Service law enforcement officer,'' before ``customs and border protection officers,''; and (B) in paragraph (3)(A) by inserting ``Federal Protective Service law enforcement officer,'' before ``customs and border protection officers,''. (6) Mandatory separation.--Section 8425(b)(1) of title 5, United States Code, is amended by inserting ``Federal Protective Service law enforcement officer,'' before ``or customs and border protection officer'' the each place it appears. (c) Maximum Age for Original Appointment.--Section 3307 of title 5, United States Code, is amended by adding at the end the following: ``(h) The Secretary of Homeland Security may determine and fix the maximum age limit for an original appointment to a position as a Federal Protective Service law enforcement officer, as defined in section 8401.''. (d) Regulations.--Any regulations necessary to carry out the amendments made by this section shall be issued by the Director of the Office of Personnel Management in consultation with the Secretary of Homeland Security. (e) Effective Date; Transition Rules; Funding.-- (1) Effective date.--The amendments made by this section shall become effective on the later of the first day of the first pay period of fiscal year 2015 or the first day of the first pay period beginning at least 6 months after the date of enactment of this Act. (2) Transition rules.-- (A) Nonapplicability of mandatory separation provisions to certain individuals.--The amendments made by subsections (a)(3) and (b)(6), respectively, shall not apply to an individual first appointed as a Federal Protective Service law enforcement officer before the effective date under paragraph (1). (B) Treatment of prior federal protective service law enforcement officer service.-- (i) General rule.--Except as provided in clause (ii), nothing in this section shall be considered to apply with respect to any service performed as a Federal Protective Service law enforcement officer before the effective date under paragraph (1). (ii) Exception.--Service described in section 8331(33) and 8401(39) of title 5, United States Code (as amended by this section) rendered before the effective date under paragraph (1) may be taken into account to determine if an individual who is serving on or after such effective date then qualifies as a Federal Protective Service law enforcement officer by virtue of holding a supervisory or administrative position in the Department of Homeland Security. (C) Minimum annuity amount.--The annuity of an individual serving as a Federal Protective Service law enforcement officer on the effective date under paragraph (1) pursuant to an appointment made before that date shall, to the extent that its computation is based on service rendered as a Federal Protective Service law enforcement officer on or after that date, be at least equal to the amount that would be payable to the extent that such service is subject to the Civil Service Retirement System or Federal Employees Retirement System, as appropriate, by applying section 8339(d) of title 5, United States Code, with respect to such service. (D) Rule of construction.--Nothing in the amendment made by subsection (c) shall be considered to apply with respect to any appointment made before the effective date under paragraph (1). (3) Fees and authorizations of appropriations.-- (A) Fees.--The Director of the Office of Management and Budget shall adjust fees collected as necessary to ensure collections are sufficient to carry out amendments made in this section. (B) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. (4) Election.-- (A) Incumbent defined.--For purposes of this paragraph, the term ``incumbent'' means an individual who is serving as a Federal Protective Service law enforcement officer on the date of the enactment of this Act. (B) Notice requirement.--Not later than 30 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall take measures reasonably designed to ensure that incumbents are notified as to their election rights under this paragraph, and the effect of making or not making a timely election. (C) Election available to incumbents.-- (i) In general.--An incumbent may elect, for all purposes, either-- (I) to be treated in accordance with the amendments made by subsection (a) or (b), as applicable; or (II) to be treated as if subsections (a) and (b) had never been enacted. (ii) Failure to make a timely election.-- Failure to make a timely election under clause (i) shall be treated in the same way as an election made under clause (i)(I) on the last day allowable under clause (iii). (iii) Deadline.--An election under this subparagraph shall not be effective unless it is made at least 14 days before the effective date under paragraph (1). (5) Definition.--For the purposes of this subsection, the term ``Federal Protective Service law enforcement officer'' has the meaning given such term by section 8331(33) or 8401(39) of title 5, United States Code (as amended by this Act). (6) Exclusion.--Nothing in this section or any amendment made by this section shall be considered to afford any election or to otherwise apply with respect to any individual who, as of the day before the date of the enactment of this Act-- (A) holds a position within the Federal Protective Service; and (B) is considered a law enforcement officer for purposes of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, by virtue of such position.

Federal Protective Service Parity Act of 2014 - Includes Federal Protective Service (FPS) law enforcement officers within the Civil Service Retirement System and the Federal Employees Retirement System. Defines "Federal Protective Service law enforcement officer" as an FPS employee who holds a position within specified General Schedule job series and is authorized to carry firearms and empowered to make arrests related to the protection of buildings, grounds, and property owned by the federal government and persons on the property. Authorizes the Secretary of Homeland Security (DHS) to determine and fix the maximum age limit for an original appointment to a position as an FPS officer. Establishes a minimum annuity amount for individuals serving as FPS officers on the effective date of this Act.

Federal Protective Service Parity Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mark-to-Market Extension Act of 2001''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to continue the progress of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (referred to in this section as ``that Act''); (2) to ensure that properties that undergo mortgage restructurings pursuant to that Act are rehabilitated to a standard that allows the properties to meet their long-term affordability requirements; (3) to ensure that, for properties that undergo mortgage restructurings pursuant to that Act, reserves are set at adequate levels to allow the properties to meet their long-term affordability requirements; (4) to ensure that properties that undergo mortgage restructurings pursuant to that Act are operated efficiently, and that operating expenses are sufficient to ensure the long- term financial and physical integrity of the properties; (5) to ensure that properties that undergo rent restructurings have adequate resources to maintain the properties in good condition; (6) to ensure that the Office of Multifamily Housing Assistance Restructuring continues to focus on the portfolio of properties eligible for restructuring under that Act; (7) to ensure that the Department of Housing and Urban Development carefully tracks the condition of those properties on an ongoing basis; (8) to ensure that tenant groups, non-profit organizations, and public entities continue to have the resources for building the capacity of tenant organizations in furtherance of the purposes of subtitle A of that Act; and (9) to encourage the Office of Multifamily Housing Assistance Restructuring to continue to provide participating administrative entities, including public participating administrative entities, with the flexibility to respond to specific problems that individual cases may present, while ensuring consistent outcomes around the country. SEC. 3. DEFINITIONS. Section 512 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by adding at the end the following: ``(19) Department.--The term `Department' means the Department of Housing and Urban Development. ``(20) Office.--The term `Office' means the Office of Multifamily Housing Assistance Restructuring established under section 571.''. SEC. 4. FHA-INSURED MULTIFAMILY HOUSING MORTGAGE AND HOUSING ASSISTANCE RESTRUCTURING. The Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended-- (1) in section 514(f)(3)(A)-- (A) by striking ``Secretary may provide'' and inserting ``Secretary shall provide''; and (B) by striking ``entities) and for tenant services,'' and inserting ``entities), for tenant services, and for tenant groups, nonprofit organizations, and public entities described in section 517(a)(5),''; (2) in section 514(g)(2)(A), by striking ``mortgages in any fiscal year'' and inserting ``rents and mortgages under this subtitle''; (3) in section 515(c)(4), by inserting before the period the following: ``, which assistance shall be accepted by the owner of that project as payment for rent if the property use continues as rental housing''; (4) in section 516(d), by striking ``Subject to'' and inserting the following: ``(1) Notice to certain residents.--The Office shall notify any tenant that is residing in a project or receiving assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) at the time of rejection under this section, of that rejection. ``(2) Assistance and moving expenses.--Subject to''; (5) in section 524(e), by adding at the end the following: ``(3) Mortgage restructuring and rental assistance sufficiency plans.--Notwithstanding paragraph (1), the owner of the project may request, and the Secretary may consider, mortgage restructuring and rental assistance sufficiency plans to facilitate sales or transfers of properties under this subtitle, subject to an approved plan of action under the Emergency Low Income Housing Preservation Act of 1987 (12 U.S.C. 1715l note) or the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (12 U.S.C. 4101 et seq.), which plans shall result in a sale or transfer of those properties.''; (6) in section 512(2), in the second sentence, by inserting ``, but does include a project described in section 524(e)(3)'' after ``section 524(e)''; (7) in section 517(b), by adding at the end the following: ``(8) Addition of significant features.-- ``(A) In general.--If the participating administrative entity requires the addition of significant features, such as air conditioning, an elevator, or additional community space, in accordance with guidelines established by the Secretary, the required owner contribution shall not exceed 25 percent of the amount of rehabilitation assistance received, as determined by the Secretary. ``(B) Applicability.--Subparagraph (A) shall apply to all eligible multifamily housing projects, except those for which both the Secretary and the project owner executed a mortgage restructuring and rental assistance sufficiency plan on or before the date of enactment of the Mark-to-Market Extension Act of 2001. ``(C) Additional cost.--Nothing in this paragraph shall be construed to relieve an owner or purchaser from contributing to rehabilitation assistance, as required under paragraph (7)(B).''; (8) in section 512(2), by striking subparagraph (A) and inserting the following: ``(A) with rents that, on an average per unit or per room basis-- ``(i) exceed the rent of comparable properties in the same market area, as determined by the Secretary or a participating administrative entity or any other independent entity acting on behalf of the Secretary and in accordance with guidelines established by the Secretary; or ``(ii) exceeded the rent of comparable properties in the same market area, as determined by the Secretary, prior to, and notwithstanding, any renewal of project-based assistance under this subtitle;''; (9) in section 520(b)-- (A) by striking ``Banking and''; (B) by striking ``periods, the'' and inserting the following: ``periods-- ``(1) the''; (C) by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(2) the physical and financial condition of properties that are the subject of rent and mortgage restructurings under this subtitle, with special emphasis on properties that have undergone rent restructurings after the Office determined that mortgage restructurings were necessary; and ``(3) the status of oversight by the Department, of the financial and physical condition of properties referred to in paragraph (2).''; and (10) in section 517(a)(1)(B), by striking ``no more than the'' and inserting the following: ``not more than the greater of-- ``(i) the full or partial payment of claim made under this subtitle; or ``(ii) the''. SEC. 5. ENHANCED VOUCHERS. Section 8(t)(1)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437f(t)(1)(B)) is amended by inserting after ``paragraph (10)(A) of subsection (o)'' the following: ``, and subject to the comparable rent limitations provided in subparagraphs (A) and (B) of section 514(g)(1) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note)''. SEC. 6. MISCELLANEOUS HOUSING INSURANCE. Section 223(a)(7) of the National Housing Act (12 U.S.C. 1715n(a)(7)) is amended-- (1) by striking ``under this Act: Provided, That the principal'' and inserting the following: ``under this Act, or an existing mortgage held by the Secretary that is subject to a mortgage restructuring and rental assistance sufficiency plan pursuant to the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note), provided that-- ``(A) the principal''; (2) by striking ``: Provided further, That a mortgage'' and inserting the following ``; and ``(B) a mortgage''; and (3) by striking ``or'' at the end and inserting the following: ``(C) a mortgage that is subject to a mortgage restructuring and rental assistance sufficiency plan pursuant to the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) and is refinanced under this paragraph may have a term of not more than 30 years; or''. SEC. 7. TECHNICAL CORRECTION. (a) In General.--Section 531(c) of Public Law 106-74 (113 Stat. 1116) is amended by striking ``514(h)'' and inserting ``514(h)(1)''. (b) Retroactive Effect.--The amendment made by subsection (a) shall be deemed to have the same effective date as section 531 of Public Law 106-74 (113 Stat. 1109). SEC. 8. OFFICE OF MULTIFAMILY HOUSING ASSISTANCE RESTRUCTURING. (a) In General.--The Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended-- (1) in section 571-- (A) by inserting ``Federal Housing Administration of the'' after ``within the''; and (B) by inserting before the period at the end the following: ``(in this subtitle, referred to as the `Office')''; (2) in section 572(a)-- (A) by striking ``by and with the advice and consent of the Senate''; and (B) by striking the second sentence; (3) in section 573(b), in the first sentence, by inserting ``the Federal Housing Commissioner and'' before ``the Secretary''; and (4) in section 579-- (A) by striking subsection (a) and inserting the following: ``(a) Repeal.--Subtitle A (except for section 524) and subtitle D (except for section 576 and this section) are repealed effective October 1, 2006, and section 576 is repealed effective October 1, 2007.''; (B) in subsection (b), by striking ``2001'' and inserting ``2006''; and (C) in subsection (c), by striking ``2001'' and inserting ``2006''. (b) Limitation on Subsequent Employment.--Section 576 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by striking ``2-year period'' and inserting ``1-year period''. (c) Repeal.--Section 578 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is repealed. SEC. 9. GAO REPORTS. (a) Initial Report.-- (1) In general.--Not later than October 1, 2002, and annually thereafter through 2005, the Comptroller General of the United States shall submit to the Congress a report on the activities carried out under the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note). (2) Contents.--The report required under paragraph (1) shall describe-- (A) progress in completing restructurings under subtitle A of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) in a timely manner, while ensuring the physical, financial, and managerial soundness of the multifamily housing stock; and (B) the status of shortcomings or concerns of the eligible multifamily housing projects reviewed in the 2001 report submitted by the Comptroller General in accordance with section 521 of that Act. (b) Final Report.-- (1) In general.--Not less than 4 months prior to the date of termination of the restructuring program established under subtitle A of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note), the Comptroller General of the United States shall submit to the Congress a final report on the activities carried out under that Act. (2) Contents.--The report required under paragraph (1) shall describe-- (A) matters pertaining to the termination of the Office of Multifamily Housing Assistance Restructuring, established under section 571 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note), and the restructuring program; and (B) the transition of any remaining responsibilities under that Act after the date of termination to the Office of Housing within the Department of Housing and Urban Development.

Mark-to-Market Extension Act of 2001 - Amends the Multifamily Assisted Housing Reform and Affordability Act of 1997 (Act) to require (currently, authorizes) the Secretary of Housing and Urban Development to make specified funds available to tenant, nonprofit, and other organizations for activities under such Act.Requires the Office of Multifamily Housing Assistance Restructuring (Office) to provide section 8 residents with notice of a restructuring plan's rejection.Authorizes the Secretary to consider mortgage restructuring and rental sufficiency plans to facilitate property transfers.Limits owner contribution to 25 percent of rehabilitation costs in the case of certain required additional features such as elevators, air conditioning, or community space.Amends the United States Housing Act of 1937 to provide for consistent rent standards for projects undergoing restructuring, and for tenant-based vouchers.Amends the National Housing Act to limit a refinanced mortgage subject to a mortgage restructuring and rental sufficiency plan to not more than a 30-year term. Extends the Office and mortgage and rehabilitation programs under the Act.Reduces from two years to one year the limitation on subsequent employment by the Director of the Office or certain other employees with a non-Federal employer having any financial interest in any mortgage restructuring or rental sufficiency plan.Directs the Comptroller General to: (1) report annually through 2005 to Congress respecting the activities carried out under the Act; and (2) submit a final report to Congress.

A bill to reauthorize the Multifamily Assisted Housing Reform and Affordability Act of 1997, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gandhi-King Scholarly Exchange Initiative Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) Mohandas (Mahatma) Karamchand Gandhi and Martin Luther King, Jr., were dedicated leaders of peace, civil rights, social justice, and social change in their respective communities and countries and in the world. (2) Mahatma Gandhi, who was born on October 2, 1869, was murdered on January 30, 1948, after dedicating his life to the peaceful empowerment of the people of India and to their liberation from British occupation. (3) Martin Luther King, Jr., who was born on January 15, 1929, was murdered on April 4, 1968, after a life dedicated to peaceful movements against segregation, discrimination, racial injustice, and poverty. (4) On August 22, 2011, the Dr. Martin Luther King, Jr. National Memorial opened to the public in Washington, DC. This newest memorial on the National Mall pays tribute to Dr. King's national and international contributions to world peace through nonviolent social change. (5) Mahatma Gandhi, who employed the principle of satyagraha, or nonviolent resistance, has come to represent the moral force inspiring many civil and social rights movements around the world. (6) King's effective use of Gandhian principles was instrumental to the American civil rights movement. (7) In February 2009, a congressional delegation traveled to India to commemorate the 50th anniversary of the pilgrimage of Martin Luther King, Jr., and his wife, Coretta Scott King, to that country in 1959, and to study Gandhi's life and work, highlighting the need for further progress in peaceful conflict resolution and combating poverty. (8) According to the 2011 Global Peace Index prepared by the Institute for Economics and Peace, a 25-percent reduction in violence would result in a $2 trillion economic benefit, enough to offset the reconstruction costs of the 2011 Japanese earthquake and tsunami and eliminate the public debt of Greece, Portugal, and Ireland. SEC. 3. GANDHI-KING SCHOLARLY EXCHANGE INITIATIVE. (a) Initiative Established.--The Secretary of State is authorized to carry out, in cooperation with the appropriate representatives of the Government of India, an initiative to be known as the ``Gandhi-King Scholarly Exchange Initiative''. The initiative shall be comprised of educational, scholarly, and professional exchange programs, including the following: (1) An annual public diplomacy forum for scholars from the United States and India that focuses on the legacies of Mahatma Gandhi and Martin Luther King, Jr., which shall-- (A) be held alternately in the United States and in India; (B) include representatives from governments, nongovernmental organizations, educational institutions, cultural organizations, and civic organizations; and (C) focus on studying the work of Gandhi and King, and applying their philosophies to current issues, including the status of poverty, conflict, human rights, civil rights, peace, nonviolence, and democracy in the United States and India. (2) A professional development training initiative for government employees to develop international conflict solutions based on the principles of nonviolence developed in consultation with the president and chief executive officer of the United States Institute of Peace, the Under Secretary for Public Diplomacy and Public Affairs of the Department of State, and United States cooperating partners, which shall-- (A) target Federal, State, and local government employees in countries with ongoing political, social, ethnic, or violent conflict; (B) include a specific focus on the success of nonviolent movements in conflict resolution; (C) develop a curriculum for teaching conflict resolution and make such curriculum available to participating government employees; and (D) be made publically available through a variety of media. (3) An undergraduate, graduate, and post-graduate student exchange for students to-- (A) study the history and legacies of Martin Luther King, Jr., and Mahatma Gandhi; (B) visit historic sites in India and the United States that were integral to the American civil rights movement and the Indian independence movement; and (C) research and develop papers on the importance of peace, nonviolence, and reconciliation in current conflict regions. (b) United States Cooperating Partners Defined.--The term ``United States cooperating partners'' means-- (1) an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), including, to the maximum extent practicable, a historically Black college or university that is a part B institution (as such term is defined in section 322(2) of such Act (20 U.S.C. 1061(2))) or a Hispanic-serving institution (as such term is defined in section 502(a)(5) of such Act (20 U.S.C. 1101a(a)(5))); (2) a combination of institutions of higher education (as such term is defined in section 103(2) of the Higher Education Act of 1965 (20 U.S.C. 1003(2))); (3) a nongovernmental organization incorporated in the United States; or (4) a consortium consisting of two or more such institutions of higher education, higher education associations, or nongovernmental organizations. SEC. 4. REPORTING REQUIREMENTS. (a) Initial Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report on the Secretary's plan to carry out the initiative authorized under section 3. (b) Periodic Updates.--Upon the request of the committees referred to in subsection (a), the Secretary shall submit to such committees an update on the Secretary's progress in implementing the plan referred to in subsection (a). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act, there are authorized to be appropriated to the Secretary of State such sums as may be necessary for each of fiscal years 2017 through 2022. Amounts appropriated pursuant to the authorization of appropriations under this section are in addition to amounts otherwise available for such purpose.

Gandhi-King Scholarly Exchange Initiative Act of 2016 This bill authorizes the Department of State to carry out, in cooperation with the government of India, the Gandhi-King Scholarly Exchange Initiative comprised of educational, scholarly, and professional exchange programs, including: an annual public diplomacy forum for scholars from the United States and India that focuses on the legacies of Mahatma Gandhi and Martin Luther King, Jr.; a professional development training initiative for government employees to develop international conflict solutions based on the principles of nonviolence developed in consultation with the president and chief executive officer of the United States Institute of Peace, the Under Secretary for Public Diplomacy and Public Affairs of the Department of State, and U.S. cooperating partners; and an undergraduate, graduate, and post-graduate student exchange for students to study the history and legacies of Martin Luther King, Jr., and Mahatma Gandhi, visit historic sites in India and the United States that were integral to the American civil rights movement and the Indian independence movement, and research and develop papers on the importance of peace, nonviolence, and reconciliation in current conflict regions.

Gandhi-King Scholarly Exchange Initiative Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vessel Repair Enhancement Act of 2009''. SEC. 2. EXPANSION OF VESSEL CAPITAL CONSTRUCTION FUND. (a) Amendments to Title 46.-- (1) Qualified vessel.--Paragraph (5) of section 53501(5) of title 46, United States Code, is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting a semicolon, and by adding at the end the following new subparagraphs: ``(C) a vessel-- ``(i) documented under the laws of the United States; and ``(ii) maintained or repaired in a privately owned shipyard located in the United States; and ``(D) any floating drydock and related shipyard infrastructure (including marine railways)-- ``(i) located in the United States; and ``(ii) used to build, maintain, or repair vessels documented under the laws of the United States.''. (2) Allowable purpose for fund.--Subsection (b) of section 53503 of title 46, United States Code, is amended by inserting before the period at the end the following: ``or to provide maintenance or repair of vessels documented under the laws of the United States''. (3) Qualified withdrawals.--Subsection (a) of section 53509 of title 46, United States Code, is amended by striking ``and is for--'' and all that follows through the period at the end and inserting the following: ``and is for-- ``(1) in the case of a qualified vessel described in subparagraph (A), (B), or (D) of section 53501(5)-- ``(A) the acquisition, construction, or reconstruction of such a qualified vessel or a barge or container that is part of the complement of such a qualified vessel; or ``(B) the payment of the principal on indebtedness incurred in the acquisition, construction, or reconstruction of such a qualified vessel or container that is part of the complement of such a qualified vessel; or ``(2) in the case of a qualified vessel described in subparagraph (C) of section 53501(5), maintenance or repairs of such a qualified vessel.''. (4) Tax treatment of qualified withdrawals.-- (A) Ordering withdrawals.--Subsection (a) of section 53510 of title 46, United States Code, is amended-- (i) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and by moving such subparagraphs (as so redesignated) 2 ems to the right, (ii) by striking ``(a) Order of Withdrawals.--A qualified withdrawal'' and inserting the following: ``(a) Order of Withdrawals.-- ``(1) In general.--Except as provided in paragraph (2), a qualified withdrawal'', and (iii) by adding at the end the following new paragraph: ``(2) Special rule for certain maintenance and repair withdrawals.--A qualified withdrawal described in section 53509(a)(2) shall be treated as made-- ``(A) first from the ordinary income account; ``(B) second from the capital gain account; and ``(C) third from the capital account.''. (B) Basis reductions.--Section 53510 of title 46, United States Code, is amended by adding at the end the following new subsection: ``(f) No Basis Reduction for Certain Qualified Withdrawals.-- Subsections (b) and (c) shall not apply to qualified withdrawals described in section 53509(a)(2).''. (b) Amendments to Internal Revenue Code of 1986.-- (1) Qualified withdrawals.--Paragraph (1) of section 7518(e) of the Internal Revenue Code of 1986 (relating to purposes of qualified withdrawals) is amended by striking ``but only if it is for:'' and all that follows through the period at the end of subparagraph (C) and inserting the following: ``but only if it is for: ``(A) in the case of a qualified vessel described in subparagraph (A), (B), or (D) of section 53501(5) of title 46, United States Code-- ``(i) the acquisition, construction, or reconstruction of such a qualified vessel or a barge or container that is part of the complement of such a qualified vessel; or ``(ii) the payment of the principal on indebtedness incurred in the acquisition, construction, or reconstruction of such a qualified vessel or container that is part of the complement of such a qualified vessel; or ``(B) in the case of a qualified vessel described in subparagraph (C) of section 53501(5) of title 46, United States Code, maintenance or repairs of such a qualified vessel.''. (2) Tax treatment of qualified withdrawals.-- (A) Ordering withdrawals.--(i) Paragraph (1) of section 7518(f) of such Code is amended by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and moving such clauses, as so redesignated, 2 ems to the right, (ii) by striking ``(1) Ordering rule.--Any qualified withdrawal'' and inserting the following: ``(1) Ordering rule.-- ``(A) In general.--Except as provided in subparagraph (B), any qualified withdrawal'', and (iii) by adding at the end the following new subparagraph: ``(B) Special rule for certain maintenance and repair withdrawals.--A qualified withdrawal described in subsection (e)(1)(B) shall be treated as made-- ``(i) first from the ordinary income account; ``(ii) second from the capital gain account; and ``(iii) third from the capital account.''. (3) Basis reductions.--Subsection (f) of section 7518 of such Code is amended by adding at the end the following new paragraph: ``(6) No basis reduction for certain qualified withdrawals.--Paragraphs (2) and (3) shall not apply to qualified withdrawals described in subsection (e)(1)(B).''. (4) Technical amendment.--Subsection (i) of section 7518 of such Code is amended-- (A) by striking ``section 607(k)'' each place it appears and inserting ``section 53501'', (B) by striking ``of the Merchant Marine Act, 1936'' and inserting ``of title 46, United States Code,'', and (C) by striking ``as in effect on the date of the enactment of this section'' and inserting ``as in effect on the date of the enactment of the Vessel Repair Enhancement Act of 2009.'' (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Vessel Repair Enhancement Act of 2009 - Expands, for capital construction fund provisions, the definition of "qualified vessel" to include: (1) a vessel documented under U.S. laws and maintained or repaired in a privately owned shipyard in the United States; and (2) any floating dry dock and related shipyard infrastructure (including marine railways) located in the United States and used to build, maintain, or repair U.S.-documented vessels. Amends federal merchant marine law and the Internal Revenue Code to: (1) allow capital construction funds to be used for maintenance or repair of vessels documented under the laws of the United States; (2) establish the order of withdrawal for purposes of the tax treatment of qualified withdrawals from such funds; and (3) disallow a basis reduction for maintenance or repair withdrawals.

To permit qualified withdrawals from a capital construction fund account for the maintenance or repair of United States-flag vessels provided that the maintenance or repair is performed within the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Protection Lock-box Act of 1995''. SEC. 2. TAXPAYER PROTECTION LOCK-BOX LEDGER. (a) Establishment of Ledger.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``taxpayer protection lock-box ledger ``Sec. 314. (a) Establishment of Ledger.--The Director of the Congressional Budget Office (hereinafter in this section referred to as the `Director') shall maintain a ledger to be known as the `Taxpayer Protection Lock-box Ledger'. The Ledger shall be divided into entries corresponding to the subcommittees of the Committees on Appropriations. Each entry shall consist of three parts: the `House Lock-box Balance'; the `Senate Lock-box Balance'; and the `Joint House-Senate Lock-box Balance'. ``(b) Components of Ledger.--Each component in an entry shall consist only of amounts credited to it under subsection (c). No entry of a negative amount shall be made. ``(c) Credit of Amounts to Ledger.--(1) The Director shall, upon the engrossment of any appropriation bill by the House of Representatives and upon the engrossment of that bill by the Senate, credit to the applicable entry balance of that House amounts of new budget authority and outlays equal to the net amounts of reductions in new budget authority and in outlays resulting from amendments agreed to by that House to that bill. ``(2) The Director shall, upon the engrossment of Senate amendments to any appropriation bill, credit to the applicable Joint House-Senate Lock-box Balance the amounts of new budget authority and outlays equal to-- ``(A) an amount equal to one-half of the sum of (i) the amount of new budget authority in the House Lock-box Balance plus (ii) the amount of new budget authority in the Senate Lock-box Balance for that bill; and ``(B) an amount equal to one-half of the sum of (i) the amount of outlays in the House Lock-box Balance plus (ii) the amount of outlays in the Senate Lock-box Balance for that bill. ``(3) For purposes of calculating under this section the net amounts of reductions in new budget authority and in outlays resulting from amendments agreed to by the Senate on an appropriation bill, the amendments reported to the Senate by its Committee on Appropriations shall be considered to be part of the original text of the bill. ``(d) Definition.--As used in this section, the term `appropriation bill' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations through the end of a fiscal year.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 313 the following new item: ``Sec. 314. Taxpayer protection lock-box ledger.''. SEC. 3. TALLY DURING HOUSE OR SENATE CONSIDERATION. There shall be available to Members in the House of Representatives and the Senate during consideration of any appropriations bill by the House and the Senate a running tally of the amendments adopted reflecting increases and decreases of budget authority in the bill as reported. SEC. 4. DOWNWARD ADJUSTMENT OF 602(a) ALLOCATIONS AND SECTION 602(b) SUBALLOCATIONS. (a) Allocations.--Section 602(a) of the Congressional Budget Act of 1974 is amended by adding at the end the following new paragraph: ``(5) Upon the engrossment of Senate amendments to any appropriation bill (as defined in section 314(d)) for a fiscal year, the amounts allocated under paragraph (1) or (2) to the Committee on Appropriations of each House upon the adoption of the most recent concurrent resolution on the budget for that fiscal year shall be adjusted downward by the amounts credited to the applicable Joint House-Senate Lock-box Balance under section 314(c)(2). The revised levels of budget authority and outlays shall be submitted to each House by the chairman of the Committee on the Budget of that House and shall be printed in the Congressional Record.''. (b) Suballocations.--Section 602(b)(1) of the Congressional Budget Act of 1974 is amended by adding at the end the following new sentence: ``Whenever an adjustment is made under subsection (a)(5) to an allocation under that subsection, the chairman of the Committee on Appropriations of each House shall make downward adjustments in the most recent suballocations of new budget authority and outlays under subparagraph (A) to the appropriate subcommittees of that committee in the total amounts of those adjustments under section 314(c)(2). The revised suballocations shall be submitted to each House by the chairman of the Committee on Appropriations of that House and shall be printed in the Congressional Record.''. SEC. 5. PERIODIC REPORTING OF LEDGER STATEMENTS. Section 308(b)(1) of the Congressional Budget Act of 1974 is amended by adding at the end the following new sentence: ``Such reports shall also include an up-to-date tabulation of the amounts contained in the ledger and each entry established by section 314(a).''. SEC. 6. DOWNWARD ADJUSTMENT OF DISCRETIONARY SPENDING LIMITS. The discretionary spending limits for new budget authority and outlays for any fiscal year set forth in section 601(a)(2) of the Congressional Budget Act of 1974, as adjusted in strict conformance with section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985, shall be reduced by the amounts set forth in the final regular appropriation bill for that fiscal year or joint resolution making continuing appropriations through the end of that fiscal year. Those amounts shall be the sums of the Joint House-Senate Lock-box Balances for that fiscal year, as calculated under section 602(a)(5) of the Congressional Budget Act of 1974. That bill or joint resolution shall contain the following statement of law: ``As required by section 6 of the Taxpayer Protection Lock-box Act of 1995, for fiscal year [insert appropriate fiscal year] and each outyear, the adjusted discretionary spending limit for new budget authority shall be reduced by $ [insert appropriate amount of reduction] and the adjusted discretionary limit for outlays shall be reduced by $ [insert appropriate amount of reduction] for the budget year and each outyear.'' Notwithstanding section 904(c) of the Congressional Budget Act of 1974, section 306 of that Act as it applies to this statement shall be waived. This adjustment shall be reflected in reports under sections 254(g) and 254(h) of the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 7. EFFECTIVE DATE. (a) In General.--The provisions of sections 1 through 6 of this Act shall apply to all appropriation bills making appropriations for fiscal year 1996 or any subsequent fiscal year. (b) FY96 Application.--In the case of any appropriation bill for fiscal year 1996 engrossed by the House of Representatives after August 4, 1995, and before the date of enactment of this Act, the Director of the Congressional Budget Office, the Director of the Office of Management and Budget, and the Committees on Appropriations and the Committees on the Budget of the House of Representatives and of the Senate shall, within 10 calendar days after that date of enactment of this Act, carry out the duties required by this Act and amendments made by it that occur after the date this Act was engrossed by the House of Representatives. (c) FY96 Allocations.--The duties of the Director of the Congressional Budget Office and of the Committees on the Budget and on Appropriations of the House of Representatives pursuant to this Act and the amendments made by it regarding appropriation bills for fiscal year 1996 shall be based upon the revised section 602(a) allocations in effect on August 4, 1995. (d) Definition.--As used in this section, the term ``appropriation bill'' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations through the end of a fiscal year. SEC. 8. ADJUSTMENT FOR STIMULATIVE EFFECT OF REVENUE REDUCTIONS. (a) Amount of Adjustment.-- (1) OMB.--Effective in 1996 and not later than October 15 of each year, the Director of OMB shall calculate stimulative effect by determining the amount by which actual revenues exceed the projected level of revenues set forth in paragraph (2) and then estimating the amount of the excess (fiscal dividend excess) attributable to provisions of the Balanced Budget Act of 1995 reducing revenues. (2) Projected level of revenues.--The projected level of revenues referred to in paragraph (1) are as follows: (A) For fiscal year 1996, $1,416,000,000. (B) For fiscal year 1997, $1,450,000,000. (C) For fiscal year 1998, $1,518,000,000. (D) For fiscal year 1999, $1,587,000,000. (E) For fiscal year 2000, $1,667,000,000. (F) For fiscal year 2001, $1,757,000,000. (G) For fiscal year 2002, $1,853,000,000. (3) CBO certification.--Not later than October 20, the Director of the CBO shall certify the estimates and projections of the Director of OMB made under this subsection. If the Director of CBO cannot certify the estimates and projections, the Director shall notify Congress and the President of the disagreement and submit revised estimates. (b) Reduction of Deficit.--If the Director of OMB determines that a fiscal dividend excess exists under subsection (a) and on November 1, the President may-- (1) direct the Secretary of the Treasury to pay an amount not to exceed the level of excess to retire debt obligations of the United States; or (2) submit a legislative proposal to Congress for reducing taxes by the amount of excess not dedicated to deficit reduction to be considered by Congress as provided in subsection (c). (c) Expedited Procedure.-- (1) Introduction.--Not later than 3 days after the President submits a legislative proposal under subsection (b)(2), the Majority Leaders of the Senate and the House of Representatives shall introduce the proposal in their respective Houses as a bill. If the bill described in the preceding sentence is not introduced as provided in the preceding sentence, then, on the 4th day after the submission of the legislative proposal by the President, any Member of that House may introduce the bill. (2) Referral to committee.--A bill described in paragraph (1) introduced in the House of Representatives shall be referred to the Committee on Ways and Means of the House of Representatives. A bill described in paragraph (1) introduced in the Senate shall be referred to the Committee on Finance of the Senate. If more than 1 bill is introduced as provided in paragraph (1), the committee shall consider and report the first bill introduced. Amendments to the bill in committee may not reduce revenues in the bill below the amount proposed by the President. Such a bill may not be reported before the 8th day after its introduction. (3) Discharge of committee.--If the committee to which is referred a bill described in paragraph (1) has not reported such bill at the end of 15 calendar days after its introduction, such committee shall be deemed to be discharged from further consideration of such bill and such bill shall be placed on the appropriate calendar of the House involved. (4) Floor consideration.-- (A) In general.--When the committee to which a bill is referred has reported, or has been deemed to be discharged (under paragraph (3)) from further consideration of, a bill described in paragraph (1), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the bill, and all points of order against the bill (and against consideration of the bill) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the bill is agreed to, the bill shall remain the unfinished business of the respective House until disposed of. (B) Debate.--Consideration of the bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the bill is not in order. A motion to reconsider the vote by which the bill is agreed to or disagreed to is not in order. Debate on amendments to the bill shall be limited to 30 minutes equally divided. Amendments to the bill may not reduce revenues in the bill below the amount proposed by the President. (C) Vote on final passage.--Immediately following the conclusion of the debate on a bill described in paragraph (1), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the bill shall occur. (D) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a bill described in paragraph (1) shall be decided without debate. (5) Coordination with action by other house.--If, before the passage by one House of a bill of that House described in paragraph (1), that House receives from the other House a bill described in paragraph (1), then the following procedures shall apply: (A) The bill of the other House shall not be referred to a committee. (B) With respect to a bill described in paragraph (1) of the House receiving the bill-- (i) the procedure in that House shall be the same as if no bill had been received from the other House; but (ii) the vote on final passage shall be on the bill of the other House. (6) Rules of house of representatives and senate.--This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a bill described in paragraph (1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (d) Deficit Reduction if Tax Reductions Not Enacted.--If tax reductions are not enacted by December 31 of the year of the submission of a legislative proposal under subsection (b)(2), the President shall pay an amount equal to the amount by which revenues are not reduced to deficit reduction as provided in subsection (b)(1). (e) Definition.--For purposes of this section, the term ``stimulative economic effect of any laws reducing revenues'' refers to laws that have the effect of stimulating savings, investment, job creation, and economic growth. (f) Maximum Deficit Amount.-- (1) Levels.--Section 601(a)(1) of the Congressional Budget Act of 1974 is amended to read as follows: ``(1) Maximum deficit amount.--The term `maximum deficit amount' means-- ``(A) with respect to fiscal year 1996, $166,000,000,000; ``(B) with respect to fiscal year 1997, $168,000,000,000; ``(C) with respect to fiscal year 1998, $135,000,000,000; ``(D) with respect to fiscal year 1999, $133,000,000,000; ``(E) with respect to fiscal year 2000, $88,000,000,000; ``(F) with respect to fiscal year 2001, $32,000,000,000; ``(E) with respect to fiscal year 2002, a surplus of $13,000,000,000; and ``(F) with respect to fiscal year 2003 and fiscal years thereafter, zero.''. (2) MDA point of order.--Section 605(b) of the Congressional Budget Act of 1974 is amended to read as follows: ``(b) Maximum Deficit Point of Order.-- ``(1) In general.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or conference report that includes any provision that would result in a deficit for a fiscal year that exceeds the maximum deficit amount for such fiscal year. ``(2) Waiver or suspension.--This subsection may be waived or suspended in the House of Representatives or the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.''. (3) Sixty vote point of order.--Section 904 of the Congressional Budget Act of 1974 is amended-- (A) in the second sentence of subsection (c) by inserting ``605(b),'' after ``601(b), ''; and (B) in the third sentence of subsection (d) by inserting ``605(b),'' after ``601(b), ''. S 1452 RS----2

Taxpayer Protection Lock-box Act of 1995 - Amends the Congressional Budget Act of 1974 to require the Director of the Congressional Budget Office (CBO) to establish a ledger to be known as the "Taxpayer Protection Lock-box Ledger." Requires the ledger to be divided into entries corresponding to the Appropriations Subcommittees. Requires each entry to consist of three parts: (1) the House Lock-box Balance; (2) the Senate Lock-box Balance; and (3) the Joint House-Senate Lock-box Balance. Limits components in an entry of the ledger to amounts credited to it and prohibits negative amounts from being made to the ledger. Sets forth provisions concerning the crediting of amounts of new budget authority and outlays to the applicable entry balance. (Sec. 3) Requires that a running tally of the amendments adopted which reflect increases and decreases of budget authority in the bill as reported be available to Members of Congress during consideration of any appropriations bill. (Sec. 4) Provides for the downward adjustment of allocations of new budget authority and outlays and the most recent suballocations of new budget authority and outlays. (Sec. 5) Requires periodic reporting of ledger statements to be included in reports issued on congressional actions on legislation providing new budget authority or tax expenditures. (Sec. 6) Provides for the downward adjustment of discretionary spending limits for new budget authority and outlays. Waives the requirement that legislation dealing with the congressional budget be handled by the Budget Committees. (Sec. 8) Authorizes the Director of the Office of Management and Budget (OMB) to calculate the stimulative effect of revenue reductions. Lists the projected level of revenues for FY 1996 through 2002. Directs the CBO Director to certify the estimates and projections of the OMB Director and conditions that if the Director cannot certify the estimates and projections, he must: (1) notify the Congress and the President of the disagreement; and (2) submit revised estimates. Permits the President on November 1, if the OMB Director determines that a fiscal dividend excess exists from the adjustment, to: (1) direct the Secretary of the Treasury to pay an amount not exceeding the excess level to retire U.S. debt obligations; or (2) submit a legislative proposal to the Congress for reducing taxes by the amount of excess not dedicated for deficit reduction. Provides for an expedited procedure for the introduction and referral to committee of the President's legislative proposal as a bill. Specifies maximum deficit amounts for FY 1996 through 2003. Provides for a maximum deficit amount point of order in the House or the Senate.

Taxpayer Protection Lock-box Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Streamlining Verification for Americans Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Employer reporting requirements under the Patient Protection and Affordable Care Act (Public Law 111-148) should strike the appropriate balance between sufficient reporting to enforce the law and protecting the privacy of individuals. (2) Protection of the privacy of the primary insured individual and each other individual covered under the policy, which should include minimizing the transmittal of social security numbers, should be a priority when implementing reporting requirements. SEC. 3. IMPROVING THE ACCURACY OF EXCHANGE DETERMINATIONS OF ELIGIBILITY FOR PREMIUM ASSISTANCE TAX CREDITS. (a) In General.--If an employer provides prospective reporting for any calendar year under subsection (b), such employer shall be treated as making the return described in section 6056(b) of the Internal Revenue Code of 1986 for such year if such return contains, consistent with the requirements of subsection (c)(2), only information with respect to employees with respect to whom the employer has received a notification under section 1411(e)(4)(B)(iii) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081(e)(4)(B)(iii)). If the preceding sentence applies to any employer for any calendar year, such employer shall be treated as furnishing the statements required under section 6056(c) of such Code, if the employer furnishes such statements to such employees with respect to the information included in the return made under the preceding sentence. (b) Prospective Reporting.--Not later than 60 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Health and Human Services, the Secretary of Labor, and the Administrator of the Small Business Administration, shall implement a reporting system under which an employer may elect to provide the following information with respect to a calendar year before the beginning of such year: (1) The name, date, and employer identification number of the employer. (2) A certification as to whether the employer offers to its full-time employees the opportunity to enroll in minimum essential coverage under an eligible employer-sponsored plan (as defined in section 5000A(f)(2) of the Internal Revenue Code of 1986) and whether the employer offers the spouses of such full-time employees the opportunity to enroll in such coverage. (3) The months during the year for which coverage is generally available to full-time employees. (4) A certification as to whether the coverage described in paragraph (2) satisfies the requirements to qualify for one of the affordability safe harbors promulgated by the Secretary of the Treasury for purposes of section 4980H of the Internal Revenue Code of 1986. (5) A certification as to whether an employee's effective date of coverage is generally affected by a waiting period. (c) Requirements.--The reporting system established under subsection (b) shall provide for-- (1) the processes necessary to ensure that Exchanges can access the information described in subsection (b) to assist in verifying eligibility determinations for advance payment of the premium tax credits under section 36B of the Internal Revenue Code of 1986 and the cost-sharing subsidies under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071); and (2) guidance on how employers who voluntarily report in advance under this section could satisfy the report and statement requirements under subsections (b) and (c) of section 6056 of the Internal Revenue Code of 1986 by reporting only with respect to employees with respect to whom the employer has received a notification under section 1411(e)(4)(B)(iii) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081(e)(4)(B)(iii)). SEC. 4. USE OF CURRENT YEAR INFORMATION IN DETERMINING SUBSIDY ELIGIBILITY OF APPLICANTS . (a) In General.--Section 1412(b)(2) of the Patient Protection and Affordable Care Act (42 U.S.C. 18082(b)(2)) is amended to read as follows: ``(2) Changes in circumstances.--The Secretary shall provide procedures for making advance determinations on the basis of information other than that described in paragraph (1)(B) upon the request of the individual. Such procedures shall include allowing an individual to have eligibility determined on the basis of household income for a later period or on the basis of the individual's estimate of such income for the taxable year.''. (b) Conforming Amendment.--Section 1411(b)(3)(B) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081(b)(3)(B)) is amended to read as follows: ``(B) Changes in circumstance.--In the case of an individual with respect to whom section 1412(b)(2) applies, the information described in such section.''. SEC. 5. EVALUATING THE DEVELOPMENT AND UTILIZATION OF SYSTEMS FOR EXCHANGES TO NOTIFY EMPLOYERS OF POTENTIAL EXCISE TAX LIABILITY UNDER THE EMPLOYER MANDATE. Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study evaluating, with respect to the period beginning on October 1, 2013, and ending on the date of the enactment of this Act-- (1) the notification of employers by Exchanges established under title I of the Patient Protection and Affordable Care Act that a full-time employee has been determined eligible for an advanced premium assistance tax credit, as required by subsection (e)(4)(B)(iii) of section 1411 of such Act (42 U.S.C. 18081); and (2) the extent to which the Secretary of Health and Human Services has established a separate appeals process for employers who have been notified that an employee has been determined eligible for an advanced premium assistance tax credit to challenge that eligibility determination, as required by subsection (f)(2) of such section. SEC. 6. PROTECTING DEPENDENT PRIVACY. (a) In General.--Paragraph (1) of section 6055(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: ``For purposes of subparagraph (B)(i), in the case of an individual other than the primary insured, if the person required to make the return does not collect or maintain information on the TINs of such individuals (other than for purposes of this section), the individual's name and date of birth may be substituted for the individual's name and TIN.''. (b) Effective Date.--The amendment made by this section shall apply to returns the due date for which is after December 31, 2013. SEC. 7. ELECTRONIC STATEMENTS. (a) Statements From Employers.--Subsection (c) of section 6056 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Electronic delivery.--The statement required to be furnished to any employee under paragraph (1) may be furnished to such employee electronically if such employee has consented to receive such statement electronically. For purposes of the preceding sentence, if an employee has consented, before the date of the enactment of this paragraph, to electronically receive, from the person furnishing such statement, other documents used in filing the employee's return of tax, such employee shall be treated as having consented to receive such statement electronically unless such employee requests that such consent not apply to such statement.''. (b) Statements From Insurance Providers.--Subsection (c) of section 6055 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Electronic delivery.--The statement required to be furnished to any individual under paragraph (1) may be furnished to such individual electronically if such individual has consented to receive such statement electronically. For purposes of the preceding sentence, if an individual has consented, before the date of the enactment of this paragraph, to electronically receive, from the person furnishing such statement, other documents containing private health information, such individual shall be treated as having consented to receive such statement electronically unless such individual requests that such consent not apply to such statement.''. (c) Effective Date.--The amendments made by this section shall apply to statements the due date for which is after December 31, 2013. SEC. 8. DELAYING PROVISION OF ACA PREMIUM AND COST-SHARING SUBSIDIES UNTIL ELIGIBILITY VERIFICATION PROCESS FOR SUCH SUBSIDIES IS COMPLETE. (a) In General.--Notwithstanding any other provision of law, no premium tax credit under section 36B of the Internal Revenue Code of 1986 or reduced cost-sharing under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071) shall be allowed with respect to any individual for any coverage month which begins after December 31, 2014, and before the date on which the process to verify, in accordance with section 1411 of the Patient Protection and Affordable Care Act (42 U.S.C. 18081), the estimated household income and coverage requirements of such individual for purposes of determining eligibility for, and the accurate amount of, such credit or reduction, respectively, has been completed. For purposes of the previous sentence, the verification process described in such sentence with respect to an individual shall not be treated as complete unless a manual or electronic review has been completed of applicable information required to be submitted by such individual under section 1411(b) of such Act (42 U.S.C. 18081(b)) and any inconsistency of such information with records of the Secretary of the Treasury, the Secretary of Homeland Security, or the Commissioner of Social Security has been resolved. (b) Treatment of Individual Mandate.--Notwithstanding any other provision of law, no penalty shall be imposed under section 5000A of the Internal Revenue Code of 1986 with respect to an individual for any month-- (1) with respect to which such individual would (but for subsection (a)) be allowed a premium tax credit under section 36B of the Internal Revenue Code of 1986; and (2) which begins after December 31, 2014, and before the date on which the verification process described in subsection (a) has been completed, in accordance with such subsection, with respect to the eligibility of such individual for such credit.

Streamlining Verification for Americans Act - Requires the Secretary of the Treasury to allow large employers to prospectively report information regarding health care coverage available to employees eligible for premium subsidies on a health care exchange. Amends the Patient Protection and Affordable Care Act to require the Secretary of Health and Human Services (HHS), upon an individual's request, to make an advance determination of the individual's eligibility for premium subsidies based on information other than the individual's most recent taxable year income. Requires the Government Accountability Office (GAO) to evaluate the notification of employers by health care exchanges regarding employees determined to be eligible for premium subsidies and the appeals process for eligibility determinations. Amends the Internal Revenue Code of 1986 to allow a person reporting an individual's health coverage to the Treasury to identify the individual using their birth date in place of their taxpayer identification number (TIN) in certain circumstances. Allows large employers or persons reporting an employee's or individual's health coverage to the Treasury to provide the required statement to the employee or individual electronically. Prohibits provision of premium subsidies and assessment of the penalty for not maintaining minimum essential coverage between December 31, 2014, and the date a process is established to verify eligibility for premium subsidies.

Streamlining Verification for Americans Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Death Penalty Moratorium Act of 2000''. TITLE I--MORATORIUM ON THE DEATH PENALTY SEC. 101. FINDINGS. Congress makes the following findings: (1) Death sentences are disproportionately visited on the poor: (A) About 90 percent of people facing capital charges cannot afford their own attorney. (B) No State has met standards developed by the American Bar Association (ABA) for appointment, performance, and compensation of counsel for indigent prisoners. (2) There is ample evidence that the death penalty is applied disproportionately to members of certain racial and ethnic groups: (A) Although African-Americans constitute only 13 percent of the American population, since 1976 African- Americans account for 35 percent of those executed, 43 percent of those who wait on death row nationwide, and 67 percent of those who wait on death row in the Federal system. Although only 50 percent of murder victims are white, fully 84 percent of the victims in death penalty cases were white. (B) A study conducted by the House Judiciary Subcommittee on Civil and Constitutional Rights in 1994 concluded that 89 percent of defendants selected for capital prosecution under the Anti-Drug Abuse Act of 1988 have been either African-American or Hispanic American. (C) In 1990, the General Accounting Office reported ``a pattern of evidence indicating racial disparities in charging, sentencing, and imposition of the death penalty''. (3) Prisoner appeals have been severely curtailed, increasing the risk of imprisonment and execution of innocent people: (A) In a series of rulings since 1976, the Supreme Court has restricted the rights of death row prisoners to appeal their convictions and death sentences in Federal courts, even in cases where prisoners present compelling evidence of innocence. (B) In 1996, new legislation limited Federal court review of death penalty appeals and severely curtailed public funding of legal aid services for death row prisoners. SEC. 102. FEDERAL AND STATE DEATH PENALTY MORATORIUM. Neither the Federal Government nor any State shall carry out the death penalty until Congress considers the final findings and recommendations of the National Commission on the Death Penalty in the report submitted under section 202(c)(2) and enacts legislation repealing this section and implementing or rejecting the guidelines and procedures recommended by the Commission. TITLE II--NATIONAL COMMISSION ON THE DEATH PENALTY SEC. 201. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the National Commission on the Death Penalty (in this title referred to as the ``Commission''). (b) Membership.-- (1) Appointment.--Members of the Commission shall be appointed by the President in consultation with the Attorney General and the Chairmen and Ranking Members of the Committees on the Judiciary of the House of Representatives and the Senate. (2) Composition.--The Commission shall be composed of 15 members, of whom-- (A) 3 members shall be Federal or State prosecutors; (B) 3 members shall be attorneys experienced in capital defense; (C) 2 members shall be current or former Federal or State judges; and (D) 2 members shall be current or former Federal or State law enforcement officials; and (E) 5 members shall be individuals from the public or private sector who have knowledge or expertise, whether by experience or training, in matters to be studied by the Commission, which may include-- (i) officers or employees of the Federal Government or State or local governments; (ii) members of academia, nonprofit organizations, the religious community, or industry; and (iii) other interested individuals. (3) Balanced viewpoints.--In appointing the members of the Commission, the President shall, to the maximum extent practicable, ensure that the membership of the Commission is fairly balanced with respect to the opinions of the members of the Commission regarding support for or opposition to the use of the death penalty. (4) Date.--The appointments of the initial members of the Commission shall be made not later than 30 days after the date of enactment of this Act. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--Not later than 30 days after all initial members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairperson. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum for conducting business, but a lesser number of members may hold hearings. (g) Chair.--The President shall designate 1 member appointed under subsection (a) to serve as the Chair of the Commission. (h) Rules and Procedures.--The Commission shall adopt rules and procedures to govern its proceedings. SEC. 202. DUTIES OF THE COMMISSION. (a) Study.-- (1) In general.--The Commission shall conduct a thorough study of all matters relating to the administration of the death penalty to determine whether it comports with constitutional principles and requirements of fairness, justice, equality, and due process. (2) Matters studied.--The matters studied by the Commission shall include the following: (A) Racial disparities in capital charging, prosecuting, and sentencing decisions. (B) Disproportionality in capital charging, prosecuting, and sentencing decisions based on geographic location and income status of defendant or any other factor resulting in such disproportionality. (C) Adequacy of representation of capital defendants, including consideration of the ABA ``Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases'' (adopted February 1989) and Association policies intended to encourage competency of counsel in capital cases (adopted February 1979, February 1988, February 1990, and August 1996). (D) Whether innocent persons have been sentenced to death and the reasons these wrongful convictions have occurred. (E) Whether the Federal government should seek the death penalty in a State with no death penalty. (F) Whether courts are adequately exercising independent judgment on the merits of constitutional claims in State post-conviction and Federal habeas corpus proceedings. (G) Whether mentally retarded persons and persons who were under the age of 18 at the time of their offenses should be sentenced to death after conviction of death-eligible offenses. (H) Procedures to ensure that persons sentenced to death have access to forensic evidence and modern testing of such evidence, including DNA testing, when such testing could result in new evidence of innocence. (I) Any other law or procedure to ensure that death penalty cases are administered fairly and impartially, in accordance with the Constitution. (b) Guidelines and Procedures.-- (1) In general.--Based on the study conducted pursuant to subsection (a), the Commission shall establish guidelines and procedures for the administration of the death penalty consistent with paragraph (2). (2) Intent of guidelines and procedures.--The guidelines and procedures required by this subsection shall-- (A) ensure that the death penalty cases are administered fairly and impartially, in accordance with due process; (B) minimize the risk that innocent persons may be executed; and (C) ensure that the death penalty is not administered in a racially discriminatory manner. (c) Report.-- (1) Preliminary report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the President, the Attorney General, and the Congress a preliminary report, which shall contain a preliminary statement of findings and conclusions. (2) Final report.--Not later than 2 years after the date of enactment of this Act, the Commission shall submit a report to the President, the Attorney General, and the Congress which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions implementing the guidelines and procedures as it considers appropriate. SEC. 203. POWERS OF THE COMMISSION. (a) Information From Federal and State Agencies.--The Commission may secure directly from any Federal or State department or agency such information as the Commission considers necessary to carry out the provisions of this title. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (b) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (c) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (d) Hearings.--The Commission or, at its direction, any subcommittee or member of the Commission, may, for the purpose of carrying out the provisions of this title-- (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (2) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, documents, tapes, and materials as the Commission or such subcommittee or member considers advisable. (e) Issuance and Enforcement of Subpoenas.-- (1) Issuance.--Subpoenas issued pursuant to subsection (d) shall bear the signature of the Chairperson of the Commission and shall be served by any person or class of persons designated by the Chairperson for that purpose. (2) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under subsection (d), the district court of the United States for the judicial district in which the subpoenaed person resides, is served, or may be found may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt. (3) Testimony of persons in custody.--A court of the United States within the jurisdiction in which testimony of a person held in custody is sought by the Commission or within the jurisdiction of which such person is held in custody, may, upon application by the Attorney General, issue a writ of habeas corpus ad testificandum requiring the custodian to produce such person before the Commission, or before a member of the Commission or a member of the staff of the Commission designated by the Commission for such purpose. (f) Witness Allowances and Fees.--The provisions of section 1821 of title 28, United States Code, shall apply to witnesses requested or subpoenaed to appear at any hearing of the Commission. The per diem and mileage allowances for witnesses shall be paid from funds available to pay the expenses of the Commission. SEC. 204. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Members of the Commission shall serve without compensation for their services to the Commission. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 205. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits its report under section 202. SEC. 206. FUNDING. (a) In General.--The Commission may expend not to exceed $850,000 as provided by subsection (b) to carry out this title. (b) Availability.--Sums appropriated to the Department of Justice shall be made available to carry out this title.

Title II: National Commission on the Death Penalty - Establishes the National Commission on the Death Penalty. (Sec. 202) Directs the Commission to: (1) conduct a thorough study of all matters relating to the administration of the death penalty to determine whether it comports with constitutional principles and requirements of fairness, justice, equality, and due process; and (2) establish guidelines and procedures for the administration of the death penalty which ensure that death penalty cases are administered fairly and impartially in accordance with due process, minimize the risk that innocent persons may be executed, and ensure that the death penalty is not administered in a racially discriminatory manner. Sets forth requirements regarding submission of a preliminary and a final report.

National Death Penalty Moratorium Act of 2000

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Small Business Owners' Tax Simplification Act of 2017''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Quarterly reporting of estimated tax payments. Sec. 3. Aligning the filing thresholds for information reporting. Sec. 4. Uniform standards for the use of electronic signatures for third-party disclosure authorizations. Sec. 5. Pre-notification testing. Sec. 6. Treatment of cafeteria plans for employee-owners. Sec. 7. Excluding from self-employment income net earnings less than amount required for Social Security quarters of coverage. Sec. 8. Allowing a deduction for certain health insurance costs for self-employment tax purposes. Sec. 9. No effect of voluntary withholding agreements on worker classification. Sec. 10. Effect of voluntary training and group discount programs on worker classification. SEC. 2. QUARTERLY REPORTING OF ESTIMATED TAX PAYMENTS. (a) In General.--The table contained in paragraph (2) of section 6654(c) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``June 15'' and inserting ``July 15'', and (2) by striking ``September 15'' and inserting ``October 15''. (b) Effective Date.--The amendments made by this section shall apply to installments due in taxable years beginning after December 31, 2017. SEC. 3. ALIGNING THE FILING THRESHOLDS FOR INFORMATION REPORTING. (a) Increasing the Dollar Threshold Required for Filing a 1099- MISC.-- (1) In general.--Subsection (a) of section 6041 of the Internal Revenue Code of 1986 is amended by striking ``$600'' and inserting ``$1,500''. (2) Inflation adjustment.--Section 6041 of such Code is amended by adding at the end the following new subsections: ``(h) Inflation Adjustment.--In the case of any taxable year beginning in a calendar year after 2018, the dollar amount in subsection (a) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2017' for `calendar year 1992' in subparagraph (B) thereof. ``(i) Rounding.--If any dollar amount in subsection (a) (after being increased under subsection (g)) is not a multiple of $100, such dollar amount shall be rounded to the nearest multiple of $100.''. (3) Conforming amendment.--The heading of subsection (a) of section 6041 of such Code is amended to read as follows: ``Payments Exceeding Threshold.''. (b) Increasing the Dollar Limit for Remuneration for Services and Direct Sales.-- (1) In general.--Paragraph (2) of section 6041A(a) of the Internal Revenue Code of 1986 is amended by striking ``$600'' and inserting ``$1,500''. (2) Inflation adjustment.--Section 6041A of such Code is amended by adding at the end the following new subsections: ``(g) Inflation Adjustment.--In the case of any taxable year beginning in a calendar year after 2018, the dollar amount in subsection (a)(2) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2017' for `calendar year 1992' in subparagraph (B) thereof. ``(h) Rounding.--If any dollar amount in subsection (a)(2) (after being increased under subsection (g)) is not a multiple of $100, such dollar amount shall be rounded to the nearest multiple of $100.''. (c) Decreasing the Dollar Threshold Required for Filing a 1099-K; Eliminating the Transaction Threshold.--Subsection (e) of section 6050W of such Code is amended by striking ``only if'' and all that follows through the period at the end and inserting ``only if the amount which would otherwise be reported under subsection (a)(2) with respect to such transactions exceeds the dollar amount in effect for the taxable year under section 6041(a).''. (d) Effective Date.--The amendments made by this section shall apply with respect to returns for years beginning after December 31, 2017. SEC. 4. UNIFORM STANDARDS FOR THE USE OF ELECTRONIC SIGNATURES FOR THIRD-PARTY DISCLOSURE AUTHORIZATIONS. Not later than 6 months after the date of the enactment of this section, the Secretary of the Treasury shall publish guidance to establish uniform standards and procedures for the acceptance of signatures in digital or other electronic form for purposes of-- (1) any request for disclosure of a taxpayer's return or return information under section 6103(c) of the Internal Revenue Code of 1986, and (2) any power of attorney executed by a taxpayer. SEC. 5. PRE-NOTIFICATION TESTING. Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury will ensure that, for any refund or credit of overpayment of tax under the Internal Revenue Code of 1986 transferred to an individual through electronic fund transfer, there is, prior to such transfer, a prenotification testing to verify recipient information and assist in preventing refund fraud. SEC. 6. TREATMENT OF CAFETERIA PLANS FOR EMPLOYEE-OWNERS. (a) In General.--Subsection (g) of section 125 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Self-employed individuals.-- ``(A) In general.--Notwithstanding section 105(g), for purposes of providing qualified benefits under a cafeteria plan of an eligible employer (as defined in subsection (j)(5)) and for purposes of any prohibition on discrimination (including subsection (b)) with respect to a cafeteria plan-- ``(i) the term `employee' includes an individual who is an employee within the meaning of section 401(c)(1) and any individual treated as a partner under section 1372(a), ``(ii) an individual who owns the entire interest in an unincorporated trade or business shall be treated as his own employer, and ``(iii) a partnership shall be treated as the employer of each partner who is an employee within the meaning of clause (i). ``(B) Limitation.-- ``(i) Amounts excluded not to exceed earned income.--In the case of an individual treated as an employee by reason of subparagraph (A)(i), subsection (a) shall apply to amounts for an individual only to the extent that such amounts exceeds the individual's earned income (as defined in section 401(c)(2)) derived from the trade or business with respect to which the cafeteria plan is maintained. ``(ii) Partnerships.--This paragraph shall apply in the case of any individual treated as a partner under section 1372(a), except that, for purposes of this subsection, such individual's wages (as defined in section 3121) from the S corporation shall be treated as such individual's earned income, and there shall be such adjustments in the application of this subsection as the Secretary may by regulations prescribe. ``(C) Denial of double benefit.--No deduction or credit shall be allowed to an employee under any section of this chapter for any amount excluded from gross income under subsection (a) by reason of this paragraph.''. (b) Simple Cafeteria Plans.--Paragraph (3) of section 125(j) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(E) Alternative for certain plans.-- ``(i) In general.--In the case of a plan that covers one or more individuals described in clause (i) of subsection (g)(5)(A), the requirements of this paragraph shall be treated as met if the average employer contribution allocable to qualified benefits under the plan on behalf of individuals who are not qualified employees does not exceed 150 percent of the average employer contribution allocable to such benefits on behalf of individuals who are qualified employees. ``(ii) Additional contributions.--In the case of a plan treated under clause (i) as meeting the requirements of this paragraph, subparagraph (C) shall not apply.''. (c) Effective Date.--The amendment made by this section shall apply with respect to taxable years beginning after December 31, 2017. SEC. 7. EXCLUDING FROM SELF-EMPLOYMENT INCOME NET EARNINGS LESS THAN AMOUNT REQUIRED FOR SOCIAL SECURITY QUARTERS OF COVERAGE. (a) In General.--Paragraph (2) of section 1402(b) of the Internal Revenue Code of 1986 is amended by striking ``$400'' and inserting ``the amount required under section 213(d) of the Social Security Act for a quarter of coverage for the calendar year in which such taxable year began''. (b) Self-Employment Tax Returns.--Section 6017 of the Internal Revenue Code of 1986 is amended by striking ``$400'' and inserting ``the amount required under section 1402(b)(2)''. (c) Effective Date.--The amendments made by this section shall apply with respect to taxable years beginning after the date of the enactment of this Act. SEC. 8. ALLOWING A DEDUCTION FOR CERTAIN HEALTH INSURANCE COSTS FOR SELF-EMPLOYMENT TAX PURPOSES. (a) In General.--Subsection (l) of section 162 of the Internal Revenue Code of 1986 is amended by striking paragraph (4). (b) Effective Date.--The amendment made by this section shall apply with respect to taxable years beginning after December 31, 2017. SEC. 9. NO EFFECT OF VOLUNTARY WITHHOLDING AGREEMENTS ON WORKER CLASSIFICATION. Section 3402(p) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Worker classification.--Agreements under paragraph (3) may not be taken into account in determining whether any party to such agreement is an employee or an employer for purposes of any provision of this title.''. SEC. 10. EFFECT OF VOLUNTARY TRAINING AND GROUP DISCOUNT PROGRAMS ON WORKER CLASSIFICATION. (a) In General.--Chapter 79 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 7706. EFFECT OF VOLUNTARY TRAINING AND GROUP DISCOUNT PROGRAMS ON WORKER CLASSIFICATION. ``(a) In General.--For purposes of this title, the determination of whether an individual is an employee shall be made without regard to the following: ``(1) Whether such individual is offered, and whether such individual accepts, voluntary training. ``(2) Whether such individual is offered, or takes advantage of, a discount on goods and services available by reason of such individual performing services. ``(b) Regulations.--The Secretary shall issue such regulations as the Secretary determines are necessary to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of sections for chapter 79 of such Code is amended by inserting after the item relating to section 7705 the following: ``Sec. 7706. Effect of voluntary training and group discount programs on worker classification.''.

Small Business Owners' Tax Simplification Act of 2017 This bill amends the Internal Revenue Code, with respect to several requirements that affect small businesses and self-employed individuals, to: align the deadlines for quarterly estimated tax payments with the calendar year quarters; modify the dollar thresholds for various information reporting requirements; allow certain self-employed individuals to participate in cafeteria benefit plans; exclude from self-employment income net earnings that are less than the amount required under the Social Security Act for a quarter of coverage for the calendar year in which the tax year began; allow certain health insurance costs of self-employed individuals to be deducted for self-employment tax purposes; and specify that voluntary tax withholding agreements, training, or group discount programs have no effect on whether an individual is classified as an employee or an employer. The Department of the Treasury must: (1) establish uniform standards and procedures for the acceptance of digital or electronic signatures, and (2) use prenotification testing to verify recipient information before transferring a tax refund or credit through an electronic funds transfer.

Small Business Owners’ Tax Simplification Act of 2017

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short title.--This Act may be cited as the ``Petroleum Consumer Price Gouging Protection Act''. (b) Table of contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Prohibition on price gouging during energy emergencies. Sec. 4. Prohibition on market manipulation. Sec. 5. Prohibition on false information. Sec. 6. Presidential declaration of energy emergency. Sec. 7. Enforcement by the Federal Trade Commission. Sec. 8. Enforcement by State Attorneys General. Sec. 9. Penalties. Sec. 10. Effect on other laws. SEC. 2. DEFINITIONS. In this Act: (1) Affected area.--The term ``affected area'' means an area covered by a Presidential declaration of energy emergency. (2) Supplier.--The term ``supplier'' means any person engaged in the trade or business of selling or reselling, at retail or wholesale, or distributing crude oil, gasoline, or petroleum distillates. (3) Price gouging.--The term ``price gouging'' means the charging of an unconscionably excessive price by a supplier in an affected area. (4) Unconscionably excessive price.--The term ``unconscionably excessive price'' means a price charged in an affected area for crude oil, gasoline, or petroleum distillates that-- (A)(i) represents a gross disparity between the price at which it was offered for sale in the usual course of the supplier's business immediately prior to the President's declaration of an energy emergency; (ii) grossly exceeds the price at which the same or similar crude oil, gasoline, or petroleum distillate was readily obtainable by other purchasers in the affected area; or (iii) represents an exercise of unfair leverage or unconscionable means on the part of the supplier, during a period of declared energy emergency; and (B) is not attributable to increased wholesale or operational costs outside the control of the supplier, incurred in connection with the sale of crude oil, gasoline, or petroleum distillates. (5) Commission.--The term ``Commission'' means the Federal Trade Commission. SEC. 3. PROHIBITION ON PRICE GOUGING DURING ENERGY EMERGENCIES. (a) In General.--During any energy emergency declared by the President under section 6 of this Act, it is unlawful for any supplier to sell, or offer to sell, crude oil, gasoline, or petroleum distillates in, or for use in, the area to which that declaration applies at an unconscionably excessive price. (b) Factors Considered.--In determining whether a violation of subsection (a) has occurred, there shall be taken into account, among other factors, the price that would reasonably equate supply and demand in a competitive and freely functioning market. SEC. 4. PROHIBITION ON MARKET MANIPULATION. It is unlawful for any person, directly or indirectly, to use or employ, in connection with the purchase or sale of crude oil, gasoline, or petroleum distillates at wholesale, any manipulative or deceptive device or contrivance, in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of United States citizens. SEC. 5. PROHIBITION ON FALSE INFORMATION. (a) In General.--It is unlawful for any person to report information related to the wholesale price of crude oil, gasoline, or petroleum distillates to the Commission if-- (1) that person knew, or reasonably should have known, the information to be false or misleading; (2) the information was required by law to be reported; and (3) the person intended the false or misleading data to affect data compiled by the Commission for statistical or analytical purposes with respect to the market for crude oil, gasoline, or petroleum distillates. SEC. 6. PRESIDENTIAL DECLARATION OF ENERGY EMERGENCY. (a) In General.--If the President finds that the health, safety, welfare, or economic well-being of the citizens of the United States is at risk because of a shortage or imminent shortage of adequate supplies of crude oil, gasoline, or petroleum distillates due to a disruption in the national distribution system for crude oil, gasoline, or petroleum distillates (including such a shortage related to a major disaster (as defined in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2))), or significant pricing anomalies in national energy markets for crude oil, gasoline, or petroleum distillates, the President may declare that a Federal energy emergency exists. (b) Scope and Duration.--The emergency declaration shall specify-- (1) the period, not to exceed 30 days, for which the declaration applies; (2) the circumstance or condition necessitating the declaration; and (3) the area or region to which it applies, which, for the 48 contiguous states may not be limited to a single State. (c) Extensions.--The President may-- (1) extend a declaration under subsection (a) for a period of not more than 30 days; and (2) extend such a declaration more than once. SEC. 7. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Enforcement.--This Act shall be enforced by the Federal Trade Commission. In enforcing section 3 of this Act, the Commission shall give priority to enforcement actions concerning companies with total United States wholesale or retail sales of crude oil, gasoline, and petroleum distillates in excess of $500,000,000 per year but shall not exclude enforcement actions against companies with total United States wholesale sales of $500,000,000 or less per year. (b) Violation is Unfair or Deceptive Act or Practice.--The violation of any provision of this Act shall be treated as an unfair or deceptive act or practice proscribed under a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (c) Commission Actions.--Following the declaration of an energy emergency by the President under section 6 of this Act, the Commission shall-- (1) establish within the Commission-- (A) a toll-free hotline that a consumer may call to report an incident of price gouging in the affected area; and (B) a program to develop and distribute to the public informational materials to assist residents of the affected area in detecting and avoiding price gouging; (2) consult with the Attorney General, the United States Attorney for the districts in which a disaster occurred (if the declaration is related to a major disaster), and State and local law enforcement officials to determine whether any supplier in the affected area is charging or has charged an unconscionably excessive price for crude oil, gasoline, or petroleum distillates in the affected area; and (3) conduct an investigation to determine whether any supplier in the affected area has violated section 3 of this Act, and upon such finding, take any action the Commission determines to be appropriate to remedy the violation. SEC. 8. ENFORCEMENT BY STATE ATTORNEYS GENERAL. (a) In General.--A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the provisions of section 3 of this Act, or to impose the civil penalties authorized by section 9 for violations of section 3, whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a supplier engaged in the sale or resale, at retail or wholesale, or distribution of crude oil, gasoline, or petroleum distillates in violation of section 3 of this Act. (b) Notice.--The State shall serve written notice to the Commission of any civil action under subsection (a) prior to initiating the action. The notice shall include a copy of the complaint to be filed to initiate the civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting the civil action. (c) Authority to Intervene.--Upon receiving the notice required by subsection (b), the Commission may intervene in the civil action and, upon intervening-- (1) may be heard on all matters arising in such civil action; and (2) may file petitions for appeal of a decision in such civil action. (d) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the Attorney General by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (e) Venue; Service of Process.--In a civil action brought under subsection (a)-- (1) the venue shall be a judicial district in which-- (A) the defendant operates; (B) the defendant was authorized to do business; or (C) where the defendant in the civil action is found; (2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (3) a person who participated with the defendant in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (f) Limitation on State Action while Federal Action is Pending.--If the Commission has instituted a civil action or an administrative action for violation of this Act, a State attorney general, or official or agency of a State, may not bring an action under this section during the pendency of that action against any defendant named in the complaint of the Commission or the other agency for any violation of this Act alleged in the Commission's civil or administrative action. (g) No Preemption.--Nothing contained in this section shall prohibit an authorized State official from proceeding in State court to enforce a civil or criminal statute of that State. SEC. 9. PENALTIES. (a) Civil Penalty.-- (1) In general.--In addition to any penalty applicable under the Federal Trade Commission Act, any supplier-- (A) that violates section 4 or section 5 of this Act is punishable by a civil penalty of not more than $1,000,000; and (B) that violates section 3 of this Act is punishable by a civil penalty of-- (i) not more than $500,000, in the case of an independent small business marketer of gasoline (within the meaning of section 324(c) of the Clean Air Act (42 U.S.C. 7625(c))); and (ii) not more than $5,000,000 in the case of any other supplier. (2) Method of assessment.--The penalties provided by paragraph (1) shall be assessed in the same manner as civil penalties imposed under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (3) Multiple offenses; mitigating factors.--In assessing the penalty provided by subsection (a)-- (A) each day of a continuing violation shall be considered a separate violation; and (B) the Commission shall take into consideration the seriousness of the violation and the efforts of the person committing the violation to remedy the harm caused by the violation in a timely manner. (b) Criminal Penalty.--Violation of section 3 of this Act is punishable by a fine of not more than $5,000,000, imprisonment for not more than 5 years, or both. SEC. 10. EFFECT ON OTHER LAWS. (a) Other Authority of the Commission.--Nothing in this Act shall be construed to limit or affect in any way the Commission's authority to bring enforcement actions or take any other measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any other provision of law. (b) State Law.--Nothing in this Act preempts any State law.

Petroleum Consumer Price Gouging Protection Act - Declares it unlawful for a supplier to sell crude oil, gasoline, or petroleum distillates at an unconscionably excessive price in an area the President declares an energy emergency area. States it is unlawful for any person to employ, in connection with the wholesale purchase or sale of crude oil, gasoline, or petroleum distillates, any manipulative or deceptive device or contrivance in contravention of Federal Trade Commission (FTC) rules. States it is unlawful for any person to report information to the FTC related to the wholesale price of crude oil, gasoline, or petroleum distillates if the person: (1) knows, or reasonably should know, the information to be false or misleading; and (2) intends the false or misleading data to affect market data compiled by the FTC for statistical or analytical purposes. Authorizes the President to declare a federal energy emergency if the well-being of U.S. citizens is at risk because of a shortage or imminent shortage of adequate supplies of crude oil, gasoline, or petroleum distillates because of: (1) a disruption in the national distribution system; or (2) significant pricing anomalies in the national energy markets for such products. Empowers the FTC and state attorneys general to enforce this Act. Declares that this Act does not preempt state law. Sets forth civil and criminal penalties for violations of this Act.

A bill to protect the welfare of consumers by prohibiting price gouging with respect to gasoline and petroleum distillates during natural disasters and abnormal market disruptions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Permanent Prevention of Asian Carp Act of 2010''. SEC. 2. DEFINITIONS. (a) In this Act: (1) CAWS.--The term ``CAWS'' means the Chicago Area Water System. (2) Director.--The term ``Director'' means the Director of the United States Geological Survey. (3) Hydrological separation.--The term ``hydrological separation'' means a physical separation on the CAWS that-- (A) would disconnect the Mississippi River from Lake Michigan; and (B) shall be designed to be adequate in scope to prevent the transfer of aquatic species between each water basin. (4) Secretary.--The term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. (5) Study.--The term ``study'' means the feasibility study described in section 11(a). TITLE I--FEASIBILITY STUDY SEC. 11. FEASIBILITY STUDY. (a) In General.--Not later than 30 days after the date of enactment of this Act, the Secretary, pursuant to section 206 of the Food Control Act of 1958 (Public Law 85-500; 72 Stat. 317), shall study the watersheds of the following rivers (including the tributaries of the rivers) that drain directly into Lake Michigan: (1) The Illinois River, at and in the vicinity of Chicago, Illinois. (2) The Chicago River in the State of Illinois. (3) The Calumet River in the States of Illinois and Indiana. (b) Purpose of Study.--The purpose of the study is to determine the feasibility and best means of implementing the hydrological separation of the Great Lakes and Mississippi River Basins to prevent the introduction or establishment of populations of aquatic nuisance species between the Great Lakes and Mississippi River Basins through the CAWS and other aquatic pathways. (c) Requirements of Study.-- (1) Options.--The study shall include options to address-- (A) flooding; (B) Chicago wastewater and stormwater infrastructure; (C) waterway safety operations; and (D) barge and recreational vessel traffic alternatives, which shall include-- (i) examining other modes of transportation for cargo and CAWS users; and (ii) creating engineering designs to move canal traffic from 1 body of water to another body of water without transferring aquatic species. (2) Cost-benefit analysis.--The study shall contain a detailed analysis of the environmental benefits and costs of each option described in paragraph (1). (3) Association with other study.--The study shall be conducted in association with the study required under section 3061(d) of the Water Resources Development Act of 2007 (121 Stat. 1121). (4) Consultation.--The Secretary shall consult with any relevant expert or stakeholder knowledgeable on the issues of hydrological separation and aquatic nuisance species. (d) Deadline.--The Secretary shall complete the study by the date that is 18 months after the date of enactment of this Act. SEC. 12. REPORT. (a) In General.--The Secretary shall prepare a report on the waterways described in section 3(a) in accordance with-- (1) the purpose described in section 3(b); and (2) each requirement described in section 3(c). (b) Deadlines.--The Secretary shall submit to Congress and the President-- (1) not later than 180 days after the date of enactment of this Act, an initial report under this section; (2) not later than 1 year after the date of enactment of this Act, a second report under this section; and (3) not later than 18 months after the date of enactment of this Act, a final report under this section. SEC. 13. FEDERAL COST REQUIREMENT. The Secretary shall carry out this Act at full Federal cost. SEC. 14. PRESIDENTIAL OVERSIGHT. The President, or the Council on Environmental Quality as a designee to the President, shall oversee the study to ensure the thoroughness and timely completion of the study. TITLE II--RESPONSE TO ADDITIONAL THREATS SEC. 21. RESPONSE. (a) Monitoring Connecting Waters.--To identify additional threats that could allow Asian Carp to enter the Great Lakes Basin, the Director, in cooperation with the Director of the United States Fish and Wildlife Service, shall monitor and survey all waters that connect to the Great Lakes Basin or could connect to the Great Lakes Basin due to-- (1) flooding; (2) underground hydrological connection; or (3) human-made diversion. (b) Response to Additional Threats.--As soon as practicable after the date of identification of a threat under subsection (a), the Director, in cooperation with the Director of the United States Fish and Wildlife Service, shall-- (1) prioritize each threat; and (2) help identify means to impede the passage of Asian Carp to the Great Lakes Basin. (c) Consultation With Other Actors.--In carrying out subsections (a) and (b), the Director, in cooperation with the Director of the United States Fish and Wildlife Service, shall consult with each relevant-- (1) Federal agency; (2) State; and (3) stakeholder.

Permanent Prevention of Asian Carp Act of 2010 - Directs the Secretary of the Army, acting through the Chief of Engineers, to study the watersheds of the Illinois, Chicago, and Calumet Rivers, including their tributaries, that drain directly into Lake Michigan to determine the feasibility and best means of implementing the hydrologic separation of the Great Lakes and the Mississippi River Basins to prevent the introduction or establishment of populations of aquatic nuisance species between the Great Lakes and Mississippi River Basins through the Chicago Area Water System (CAWS) and other aquatic pathways. Requires the study to: (1) include options to address flooding, Chicago wastewater and stormwater infrastructure, waterway safety operations, and barge and recreational vessel traffic alternatives; and (2) contain a detailed analysis of the environmental benefits and costs of each option. Directs: (1) the Secretary to carry out this Act at full federal cost; and (2) the President, or the Council on Environmental Quality as a designee to the President, to oversee the study to ensure its thoroughness and timely completion. Requires the Director of the United States Geological Survey (USGS), in cooperation with the Director of the United States Fish and Wildlife Service, to: (1) monitor and survey all waters that connect to the Great Lakes Basin or could connect to it due to flooding, underground hydrological connection, or human-made diversion to identify additional threats that could allow Asian Carp to enter the Basin; and (2) prioritize each threat and help identify means to impede the passage of Asian Carp to the Basin.

A bill to require the Secretary of the Army to study the feasibility of the hydrological separation of the Great Lakes and Mississippi River Basins.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Powers Restoration Act of 2005''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Section 1 of Article III of the Constitution of the United States of America vests ``judicial Power'' exclusively in the courts. Section 2 of Article III states that this ``judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties...'' In interpreting Article III of the Constitution, the Supreme Court in Muskrat v. United States defined the term ``judicial power'' to mean ``the right to determine actual controversies arising between adverse litigants, duly instituted in courts of proper jurisdiction''. (2) In 1996, a holder of a trademark registration issued by the Patent and Trademark Office asserted trademark infringement and other claims in a United States district court against an alleged infringer. The plaintiff's claims for relief were based upon laws and treaties of the United States, including the Trademark Act of 1946 (15 U.S.C. 1051 et seq.) and the Inter- American Convention for Trademark and Commercial Protection. (3) In October 1998, just prior to commencement of the trial, the alleged infringer procured an amendment to the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105-277; 112 Stat. 2681-88). That amendment is commonly referred to as ``section 211'' and has been of singular benefit to that defendant in the courts. (4) Section 211(a)(2) and (b) provides that ``No United States court shall recognize, enforce, or otherwise validate any assertion of rights'' of certain trademarks or commercial names of the type at issue in the litigation referred to in paragraph (2). Section 211(a)(1) also rescinds the general authority permitting payment of the fees necessary for registration and renewal of such trademarks with the United States Patent and Trademark Office. (5) The intended and actual effect of section 211 is to strip United States courts of the authority to decide the ownership and enforceability of such trademarks and trade names, including those at issue in the litigation described in paragraph (2). As a result of section 211, the plaintiff in the litigation was prevented from asserting the plaintiff's infringement claim. By preventing the payment of fees for trademark registration and renewal in the Patent and Trademark Office, section 211 also denies parties the ability to preserve claims of ownership in such trademarks pending judicial determination of enforcement rights. (6) Section 211 is not needed for the courts to reach equitable results with respect to the United States trademark and trade name rights of foreign nationals who have suffered from confiscation of their businesses at home. It has been the longstanding practice of the Federal courts to do equity in adjudicating disputes involving such rights. (7) Repeal of section 211 is necessary and desirable to restore to the courts the power to determine the ownership and enforceability of all trademarks and trade names and to preserve trademark registrations pending such determinations. (b) Purpose.--The purpose of this Act is to restore to the judiciary the power to decide all trademark and trade name cases arising under the laws and treaties of the United States, and for other purposes. SEC. 3. RESTORATION OF JUDICIAL POWERS. (a) In General.--Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105-277; 112 Stat. 2681-88) is repealed. (b) Regulations.--Not later than 30 days after the date of enactment of this Act, the Secretary of the Treasury shall issue such regulations as are necessary to carry out the repeal made by subsection (a), including removing any prohibition on transactions or payments to which subsection (a)(1) of section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 applied. (c) Authority of Courts.--United States courts shall have the authority to recognize, enforce, or otherwise validate any assertion of rights in any mark or trade name based on common law rights or registration or under subsection (b) or (e) of section 44 of the Trademark Act of 1946 (15 U.S. C. 1126 (b) or (e)) or based on any treaty to which the United States is a party.

Judicial Powers Restoration Act of 2005 - Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to repeal the prohibition against U.S. courts recognizing, enforcing, or otherwise validating any assertion of rights by a designated Cuban national of a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated by the Cuban government. Requires the Secretary of the Treasury to issue regulations as necessary to repeal such provisions, including removing any applicable prohibition on transactions or payments. Authorizes U.S. courts to recognize, enforce, or otherwise validate an assertion of rights in any mark or trade name based on common law rights, registration under the Trademark Act of 1946, or any treaty to which the United States is a party.

A bill to restore to the judiciary the power to decide all trademark and trade name cases arising under the laws and treaties of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tip Credit Protection Act of 1999''. SEC. 2. PREEMPTION. Section 18 of the Fair Labor Standards Act of 1938 (29 U.S.C. 218) is amended by adding at the end the following: ``(c) No law, ordinance, regulation, or order established or enforced by a State or political subdivision of a State shall-- ``(1) preclude a tip credit, or ``(2) prohibit an employer from applying a tip credit, as authorized by section 3(m) if the employer pays cash wages to tipped employees that are not less than the minimum cash wage required by such law, ordinance, regulation, or order of a State or political subdivision of a State on the date of the enactment of this subsection.''. SEC. 3. TIPS RECEIVED FOR CERTAIN SERVICES NOT SUBJECT TO INCOME OR EMPLOYMENT TAXES. (a) In General.--Section 102 of the Internal Revenue Code of 1986 (relating to gifts and inheritances) is amended by adding at the end the following new subsection: ``(d) Tips Received for Certain Services.-- ``(1) In general.--For purposes of subsection (a), tips received by an individual for qualified services performed by such individual shall be treated as property transferred by gift. ``(2) Qualified services.--For purposes of this subsection, the term `qualified services' means cosmetology, hospitality (including lodging and food and beverage services), recreation, taxi, newspaper deliveries and shoe shine services. ``(3) Annual limit.--The amount excluded from gross income for the taxable year by reason of paragraph (1) with respect to each service provider shall not exceed $10,000. ``(4) Employee taxable on at least minimum wage.--Paragraph (1) shall not apply to tips received by an employee during any month to the extent that such tips-- ``(A) are deemed to have been paid by the employer to the employee pursuant to section 3121(q) (without regard to whether such tips are reported under section 6053), and ``(B) do not exceed the excess of-- ``(i) the minimum wage rate applicable to such individual under section 6(a)(1) of the Fair Labor Standards Act of 1938 (determined without regard to section 3(m) of such Act), over ``(ii) the amount of the wages (excluding tips) paid by the employer to the employee during such month. ``(5) Tips.--For purposes of this title, the term `tips' means a gratuity paid by an individual for services performed for such individual (or for a group which includes such individual) by another individual if such services are not provided pursuant to an employment or similar contractual relationship between such individuals.'' (b) Exclusion From Social Security Taxes.-- (1) Paragraph (12) of section 3121(a) of such Code is amended to read as follows: ``(12)(A) tips paid in any medium other than cash; ``(B) cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more and then only to the extent includible in gross income after the application of section 102(d);''. (2) Paragraph (10) of section 209(a) of the Social Security Act is amended to read as follows: ``(10)(A) tips paid in any medium other than cash; ``(B) cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more and then only to the extent includible in gross income after the application of section 102(d) of the Internal Revenue Code of 1986 for such month;''. (3) Paragraph (3) of section 3231(e) of such Code is amended to read as follows: ``(3) Solely for purposes of the taxes imposed by section 3201 and other provisions of this chapter insofar as they relate to such taxes, the term `compensation' also includes cash tips received by an employee in any calendar month in the course of his employment by an employer if the amount of such cash tips is $20 or more and then only to the extent includible in gross income after the application of section 102(d).''. (c) Exclusion From Unemployment Compensation Taxes.--Subsection (s) of section 3306 of such Code is amended to read as follows: ``(s) Tips Not Treated as Wages.--For purposes of this chapter, the term `wages' shall include tips received in any month only to the extent includible in gross income after the application of section 102(d) for such month.'' (d) Exclusion From Wage Withholding.--Paragraph (16) of section 3401(a) of such Code is amended to read as follows: ``(16)(A) as tips in any medium other than cash; ``(B) as cash tips to an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more and then only to the extent includible in gross income after the application of section 102(d);'' (e) Conforming Amendment.--Sections 32(c)(2)(A)(i) and 220(b)(4)(A) of such Code are each amended by striking ``tips'' and inserting ``tips to the extent includible in gross income after the application of section 102(d))''. (f) Effective Date.--The amendments made by this section shall apply to tips received after the calendar month which includes the date of the enactment of this Act.

Amends the Internal Revenue Code to treat as gift transfers and exclude from gross income and social security and unemployment taxes up to $10,000 annually in tips from qualified services (cosmetology, hospitality, recreation, taxi, newspaper delivery, and shoe shine services).

Tip Credit Protection Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Access to Infertility Treatment and Hope Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) infertility affects 6,100,000 men and women; (2) infertility is a disease which affects men and women with equal frequency; (3) approximately 1 in 10 couples cannot conceive without medical assistance; (4) recent medical breakthroughs make infertility a treatable disease; and (5) only 25 percent of all health plan sponsors provide coverage for infertility services. SEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) In General.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following: ``SEC. 714. REQUIRED COVERAGE FOR INFERTILITY BENEFITS. ``(a) In General.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall ensure that coverage is provided for infertility benefits. ``(b) Infertility Benefits.--In subsection (a), the term `infertility benefits' at a minimum includes-- ``(1) diagnostic testing and treatment of infertility; ``(2) drug therapy, artificial insemination, and low tubal ovum transfers; ``(3) in vitro fertilization, intra-cytoplasmic sperm injection, gamete donation, embryo donation, assisted hatching, embryo transfer, gamete intra-fallopian tube transfer, zygote intra-fallopian tube transfer; and ``(4) any other medically indicated nonexperimental services or procedures that are used to treat infertility or induce pregnancy. ``(c) In Vitro Fertilization.-- ``(1) Limitation.-- ``(A) In general.--Subject to subparagraph (B), coverage of procedures under subsection (b)(3) may be limited to 4 completed embryo transfers. ``(B) Additional transfers.--If a live birth follows a completed embryo transfer under a procedure described in subparagraph (A), not less than 2 additional completed embryo transfers shall be provided. ``(2) Requirement.--Coverage of procedures under subsection (b)(3) shall be provided if-- ``(A) the individual has been unable to attain or sustain a successful pregnancy through reasonable, less costly medically appropriate covered infertility treatments; and ``(B) the procedures are performed at medical facilities that conform with the minimal guidelines and standards for assisted reproductive technology of the American College of Obstetric and Gynecology or the American Society for Reproductive Medicine. ``(d) Prohibitions.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not-- ``(1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan because of the individual's or enrollee's use or potential use of items or services that are covered in accordance with the requirements of this section; ``(2) provide monetary payments or rebates to a covered individual to encourage such individual to accept less than the minimum protections available under this section; or ``(3) provide incentives (monetary or otherwise) to a health care professional to induce such professional to withhold from a covered individual services described in subsection (a). ``(e) Rules of Construction.-- ``(1) In general.--Nothing in this section shall be construed-- ``(A) as preventing a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan from imposing deductibles, coinsurance, or other cost- sharing or limitations in relation to benefits for services described in this section under the plan, except that such a deductible, coinsurance, or other cost-sharing or limitation for any such service may not be greater than such a deductible, coinsurance, or cost-sharing or limitation for any similar service otherwise covered under the plan; ``(B) as requiring a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan to cover experimental or investigational treatments of services described in this section, except to the extent that the plan or issuer provides coverage for other experimental or investigational treatments or services. ``(2) Limitations.--As used in paragraph (1), the term `limitation' includes restricting the type of health care professionals that may provide such treatments or services. ``(f) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan, except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (b) Clerical Amendment.--The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 note) is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Required coverage for infertility benefits for federal employees health benefits plans.''. (c) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2002. SEC. 4. PUBLIC HEALTH SERVICE ACT. (a) In General.--Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the following: ``SEC. 2707. REQUIRED COVERAGE FOR INFERTILITY BENEFITS. ``(a) In General.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall ensure that coverage is provided for infertility benefits. ``(b) Infertility Benefits.--In subsection (a), the term `infertility benefits' at a minimum includes-- ``(1) diagnostic testing and treatment of infertility; ``(2) drug therapy, artificial insemination, and low tubal ovum transfers; ``(3) in vitro fertilization, intra-cytoplasmic sperm injection, gamete donation, embryo donation, assisted hatching, embryo transfer, gamete intra-fallopian tube transfer, zygote intra-fallopian tube transfer; and ``(4) any other medically indicated nonexperimental services or procedures that are used to treat infertility or induce pregnancy. ``(c) In Vitro Fertilization.-- ``(1) Limitation.-- ``(A) In general.--Subject to subparagraph (B), coverage of procedures under subsection (b)(3) may be limited to 4 completed embryo transfers. ``(B) Additional transfers.--If a live birth follows a completed embryo transfer under a procedure described in subparagraph (A), not less than 2 additional completed embryo transfers shall be provided. ``(2) Requirement.--Coverage of procedures under subsection (b)(3) shall be provided if-- ``(A) the individual has been unable to attain or sustain a successful pregnancy through reasonable, less costly medically appropriate covered infertility treatments; and ``(B) the procedures are performed at medical facilities that conform with the minimal guidelines and standards for assisted reproductive technology of the American College of Obstetric and Gynecology or the American Society for Reproductive Medicine. ``(d) Prohibitions.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not-- ``(1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan because of the individual's or enrollee's use or potential use of items or services that are covered in accordance with the requirements of this section; ``(2) provide monetary payments or rebates to a covered individual to encourage such individual to accept less than the minimum protections available under this section; or ``(3) provide incentives (monetary or otherwise) to a health care professional to induce such professional to withhold from a covered individual services described in subsection (a). ``(e) Rules of Construction.-- ``(1) In general.--Nothing in this section shall be construed-- ``(A) as preventing a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan from imposing deductibles, coinsurance, or other cost- sharing or limitations in relation to benefits for services described in this section under the plan, except that such a deductible, coinsurance, or other cost-sharing or limitation for any such service may not be greater than such a deductible, coinsurance, or cost-sharing or limitation for any similar service otherwise covered under the plan; ``(B) as requiring a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan to cover experimental or investigational treatments of services described in this section, except to the extent that the plan or issuer provides coverage for other experimental or investigational treatments or services. ``(2) Limitations.--As used in paragraph (1), the term `limitation' includes restricting the type of health care professionals that may provide such treatments or services. ``(f) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan, except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (b) Individual Market.--Part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-41 et seq.) is amended-- (1) by redesignating the first subpart 3 (relating to other requirements) as subpart 2; and (2) by adding at the end of subpart 2 the following new section: ``SEC. 2753. REQUIRED COVERAGE FOR INFERTILITY BENEFITS. ``The provisions of section 2707 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (c) Effective Date.--The amendments made by this section shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated on or after January 1, 2002. SEC. 5. REQUIRED COVERAGE FOR INFERTILITY BENEFITS FOR FEDERAL EMPLOYEES HEALTH BENEFITS PLANS. (a) Types of Benefits.--Section 8904(a)(1) of title 5, United States Code, is amended by adding at the end the following: ``(G) Infertility benefits.''. (b) Health Benefits Plan Contract Requirement.--Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(p)(1) Each contract under this chapter shall include a provision that ensures infertility benefits as provided under this subsection. ``(2) Infertility benefits under this subsection shall include-- ``(A) diagnostic testing and treatment of infertility; ``(B) drug therapy, artificial insemination, and low tubal ovum transfers; ``(C) in vitro fertilization, intra-cytoplasmic sperm injection, gamete donation, embryo donation, assisted hatching, embryo transfer, gamete intra-fallopian tube transfer, zygote intra-fallopian tube transfer; and ``(D) any other medically indicated nonexperimental services or procedures that are used to treat infertility or induce pregnancy. ``(3)(A)(i) Subject to clause (ii), procedures under paragraph (2)(C) shall be limited to 4 completed embryo transfers. ``(ii) If a live birth follows a completed embryo transfer, 2 additional completed embryo transfers shall be provided. ``(B) Procedures under paragraph (2)(C) shall be provided if-- ``(i) the individual has been unable to attain or sustain a successful pregnancy through reasonable, less costly medically appropriate covered infertility treatments; and ``(ii) the procedures are performed at medical facilities that conform with the minimal guidelines and standards for assisted reproductive technology of the American College of Obstetric and Gynecology or the American Society for Reproductive Medicine.''. (c) Effective Date.--The amendments made by this section shall apply to contract years beginning on or after January 1, 2002.

Fair Access to Infertility Treatment and Hope Act of 2001 - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act (PHSA)to require group health plans and health insurance issuers providing health insurance coverage in connection with such plans to ensure that coverage is provided for infertility benefits. Authorizes coverage of in vitro fertilization, intra-cytoplasmic sperm injection, gamete or embryo donation, assisted hatching, embryo transfer, and gamete or zygote intra-fallopian tube transfer to be limited to four completed embryo transfers. Permits the provision of at least two additional embryo transfers if a live birth follows a completed transfer under one of such procedures. Requires coverage of such procedures if: (1) an individual has been unable to attain or sustain a successful pregnancy through reasonable, less costly medically appropriate covered infertility treatments; and (2) the procedures are performed at qualifying medical facilities.Prohibits group health plans and health insurance issuers from: (1) denying an individual eligibility or continuing eligibility to enroll or renew coverage because of the individual's or enrollee's use or potential use of items or services covered by this Act; (2) providing monetary payments or rebates to a covered individual to encourage the acceptance of less than minimum protections available under this Act; or (3) providing incentives to a health care professional to induce such professional to withhold infertility services from a covered individual.Amends the PHSA to apply infertility benefits provisions to health insurance coverage offered by an issuer in the individual market in the same manner as they are applied to coverage in the group market.Provides the infertility benefit coverage described by this Act for Federal employee health benefit plans.

A bill to require health plans to include infertility benefits, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cedar Creek and Belle Grove National Historical Park Act''. SEC. 2. PURPOSE. The purpose of this Act is to establish the Cedar Creek and Belle Grove National Historical Park in order to-- (1) help preserve, protect, and interpret a nationally significant Civil War landscape and antebellum plantation for the education, inspiration, and benefit of present and future generations; (2) tell the rich story of Shenandoah Valley history from early settlement through the Civil War and beyond, and the Battle of Cedar Creek and its significance in the conduct of the war in the Shenandoah Valley; (3) preserve the significant historic, natural, cultural, military, and scenic resources found in the Cedar Creek Battlefield and Belle Grove Plantation areas through partnerships with local landowners and the community; and (4) serve as a focal point to recognize and interpret important events and geographic locations within the Shenandoah Valley Battlefields National Historic District representing key Civil War battles in the Shenandoah Valley, including those battlefields associated with the Thomas J. (Stonewall) Jackson campaign of 1862 and the decisive campaigns of 1864. SEC. 3. FINDINGS. Congress finds the following: (1) The Battle of Cedar Creek, also known as the battle of Belle Grove, was a major event of the Civil War and the history of this country. It represented the end of the Civil War's Shenandoah Valley campaign of 1864 and contributed to the reelection of President Abraham Lincoln and the eventual outcome of the war. (2) 2,500 acres of the Cedar Creek Battlefield and Belle Grove Plantation were designated a national historic landmark in 1969 because of their ability to illustrate and interpret important eras and events in the history of the United States. The Cedar Creek Battlefield, Belle Grove Manor House, the Heater House, and Harmony Hall (a National Historic Landmark) are also listed on the Virginia Landmarks Register. (3) The Secretary of the Interior has approved the Shenandoah Valley Battlefields National Historic District Management Plan and the National Park Service Special Resource Study, both of which recognized Cedar Creek Battlefield as the most significant Civil War resource within the historic district. The management plan, which was developed with extensive public participation over a 3- year period and is administered by the Shenandoah Valley Battlefields Foundation, recommends that Cedar Creek Battlefield be established as a new unit of the National Park System. (4) The Cedar Creek Battlefield Foundation, organized in 1988 to preserve and interpret the Cedar Creek Battlefield and the 1864 Valley Campaign, has acquired 308 acres of land within the boundaries of the National Historic Landmark. The foundation annually hosts a major reenactment and living history event on the Cedar Creek Battlefield. (5) Belle Grove Plantation is a Historic Site of the National Trust for Historic Preservation that occupies 383 acres within the National Historic Landmark. The Belle Grove Manor House was built by Isaac Hite, a Revolutionary War patriot married to the sister of President James Madison, who was a frequent visitor at Belle Grove. President Thomas Jefferson assisted with the design of the house. During the Civil War Belle Grove was at the center of the decisive battle of Cedar Creek. Belle Grove is managed locally by Belle Grove, Incorporated, and has been open to the public since 1967. The house has remained virtually unchanged since it was built in 1797, offering visitors an experience of the life and times of the people who lived there in the 18th and 19th centuries. (6) The panoramic views of the mountains, natural areas, and waterways provide visitors with an inspiring setting of great natural beauty. The historic, natural, cultural, military, and scenic resources found in the Cedar Creek Battlefield and Belle Grove Plantation areas are nationally and regionally significant. (7) The existing, independent, not-for-profit organizations dedicated to the protection and interpretation of the resources described above provide the foundation for public-private partnerships to further the success of protecting, preserving, and interpreting these resources. (8) None of these resources, sites, or stories of the Shenandoah Valley are protected by or interpreted within the National Park System. SEC. 4. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Cedar Creek and Belle Grove National Historical Park Advisory Commission established by section 9. (2) Map.--The term ``Map'' means the map entitled ``Boundary Map Cedar Creek and Belle Grove National Historical Park'', numbered CEBE-80,001, and dated September 2002. (3) Park.--The term ``Park'' means the Cedar Creek and Belle Grove National Historical Park established under section 5 and depicted on the Map. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 5. ESTABLISHMENT OF CEDAR CREEK AND BELLE GROVE NATIONAL HISTORICAL PARK. (a) Establishment.--There is established the Cedar Creek and Belle Grove National Historical Park, consisting of approximately 3,000 acres, as generally depicted on the Map. (b) Availability of Map.--The Map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. SEC. 6. ACQUISITION OF PROPERTY. (a) Real Property.--The Secretary may acquire land or interests in land within the boundaries of the Park, from willing sellers only, by donation, purchase with donated or appropriated funds, or exchange. (b) Boundary Revision.--After acquiring land for the Park, the Secretary shall-- (1) revise the boundary of the Park to include newly acquired land within the boundary; and (2) administer newly acquired land subject to applicable laws (including regulations). (c) Personal Property.--The Secretary may acquire personal property associated with, and appropriate for, interpretation of the Park. (d) Conservation Easements and Covenants.--The Secretary is authorized to acquire conservation easements and enter into covenants regarding lands in or adjacent to the Park from willing sellers only. Such conservation easements and covenants shall have the effect of protecting the scenic, natural, and historic resources on adjacent lands and preserving the natural or historic setting of the Park when viewed from within or outside the Park. (e) Support Facilities.--The National Park Service is authorized to acquire from willing sellers, land outside the Park boundary but in close proximity to the Park, for the development of visitor, administrative, museum, curatorial, and maintenance facilities. SEC. 7. ADMINISTRATION. The Secretary shall administer the Park in accordance with this Act and the provisions of law generally applicable to units of the National Park System, including-- (1) the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.); and (2) the Act entitled ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.). SEC. 8. MANAGEMENT OF PARK. (a) Management Plan.--The Secretary, in consultation with the Commission, shall prepare a management plan for the Park. In particular, the management plan shall contain provisions to address the needs of owners of non-Federal land, including independent nonprofit organizations within the boundaries of the Park. (b) Submission of Plan to Congress.--Not later than 3 years after the date of the enactment of this Act, the Secretary shall submit the management plan for the Park to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. SEC. 9. CEDAR CREEK AND BELLE GROVE NATIONAL HISTORICAL PARK ADVISORY COMMISSION. (a) Establishment.--There is established the Cedar Creek and Belle Grove National Historical Park Advisory Commission. (b) Duties.--The Commission shall-- (1) advise the Secretary in the preparation and implementation of a general management plan described in section 8; and (2) advise the Secretary with respect to the identification of sites of significance outside the Park boundary deemed necessary to fulfill the purposes of this Act. (c) Membership.-- (1) Composition.--The Commission shall be composed of 15 members appointed by the Secretary so as to include the following: (A) 1 representative from the Commonwealth of Virginia. (B) 1 representative each from the local governments of Strasburg, Middletown, Frederick County, Shenandoah County, and Warren County. (C) 2 representatives of private landowners within the Park. (D) 1 representative from a citizen interest group. (E) 1 representative from the Cedar Creek Battlefield Foundation. (F) 1 representative from Belle Grove, Incorporated. (G) 1 representative from the National Trust for Historic Preservation. (H) 1 representative from the Shenandoah Valley Battlefields Foundation. (I) 1 ex-officio representative from the National Park Service. (J) 1 ex-officio representative from the United States Forest Service. (2) Chairperson.--The Chairperson of the Commission shall be elected by the members to serve a term of one year renewable for one additional year. (3) Vacancies.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was made. (4) Terms of service.-- (A) In general.--Each member shall be appointed for a term of 3 years and may be reappointed for not more than 2 successive terms. (B) Initial members.--Of the members first appointed under paragraph (1), the Secretary shall appoint-- (i) 4 members for a term of 1 year; (ii) 5 members for a term of 2 years; and (iii) 6 members for a term of 3 years. (5) Extended service.--A member may serve after the expiration of that member's term until a successor has taken office. (6) Majority rule.--The Commission shall act and advise by affirmative vote of a majority of its members. (7) Meetings.--The Commission shall meet at least quarterly at the call of the chairperson or a majority of the members of the Commission. (8) Quorum.--8 members shall constitute a quorum. (d) Compensation.--Members shall serve without pay. Members who are full-time officers or employees of the United States, the Commonwealth of Virginia, or any political subdivision thereof shall receive no additional pay on account of their service on the Commission. (e) Travel Expenses.--While away from their homes or regular places of business in the performance of service for the Commission, members shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. (f) Hearings; Public Involvement.--The Commission may, for purposes of carrying out this Act, hold such hearings, sit and act at such times and places, take such public testimony, and receive such evidence, as the Commission considers appropriate. The Commission may not issue subpoenas or exercise any subpoena authority. SEC. 10. CONSERVATION OF CEDAR CREEK AND BELLE GROVE NATIONAL HISTORICAL PARK. (a) Encouragement of Conservation.--The Secretary and the Commission shall encourage conservation of the historic and natural resources within and in proximity of the Park by landowners, local governments, organizations, and businesses. (b) Provision of Technical Assistance.--The Secretary may provide technical assistance to local governments, in cooperative efforts which complement the values of the Park. (c) Cooperation by Federal Agencies.--Any Federal entity conducting or supporting activities directly affecting the Park shall consult, cooperate, and, to the maximum extent practicable, coordinate its activities with the Secretary in a manner that-- (1) is consistent with the purposes of this Act and the standards and criteria established pursuant to the general management plan developed pursuant to section 8; (2) is not likely to have an adverse effect on the resources of the Park; and (3) is likely to provide for full public participation in order to consider the views of all interested parties. SEC. 11. ENDOWMENT. (a) In General.--In accordance with the provisions of subsection (b), the Secretary is authorized to receive and expend funds from an endowment to be established with the National Park Foundation, or its successors and assigns. (b) Conditions.--Funds from the endowment referred to in subsection (a) shall be expended exclusively as the Secretary, in consultation with the Commission, may designate for the interpretation, preservation, and maintenance of the Park resources and public access areas. No expenditure shall be made pursuant to this section unless the Secretary determines that such expenditure is consistent with the purposes of this Act. SEC. 12. COOPERATIVE AGREEMENTS. (a) In General.--In order to further the purposes of this Act, the Secretary is authorized to enter into cooperative agreements with interested public and private entities and individuals (including the National Trust for Historic Preservation, Belle Grove, Inc., the Cedar Creek Battlefield Foundation, the Shenandoah Valley Battlefields Foundation, and the Counties of Frederick, Shenandoah, and Warren), through technical and financial assistance, including encouraging the conservation of historic and natural resources of the Park. (b) Technical and Financial Assistance.--The Secretary may provide to any person, organization, or governmental entity technical and financial assistance for the purposes of this Act, including the following: (1) Preserving historic structures within the Park. (2) Maintaining the natural or cultural landscape of the Park. (3) Local preservation planning, interpretation, and management of public visitation for the Park. (4) Furthering the goals of the Shenandoah Valley Battlefields Foundation related to the Park. SEC. 13. ROLES OF KEY PARTNER ORGANIZATIONS. (a) In General.--In recognition that central portions of the Park are presently owned and operated for the benefit of the public by key partner organizations, the Secretary shall acknowledge and support the continued participation of these partner organizations in the management of the Park. (b) Park Partners.--Roles of the current key partners include the following: (1) Cedar creek battlefield foundation.--The Cedar Creek Battlefield Foundation may-- (A) continue to own, operate, and manage the lands acquired by the Foundation within the Park; (B) continue to conduct reenactments and other events within the Park; and (C) transfer ownership interest in portions of their land to the National Park Service by donation, sale, or other means that meet the legal requirements of National Park Service land acquisitions. (2) National trust for historic preservation and belle grove incorporated.--The National Trust for Historic Preservation and Belle Grove Incorporated may continue to own, operate, and manage Belle Grove Plantation and its structures and grounds within the Park boundary. Belle Grove Incorporated may continue to own the house and grounds known as Bowman's Fort or Harmony Hall for the purpose of permanent preservation, with a long-term goal of opening the property to the public. (3) Shenandoah county.--Shenandoah County may continue to own, operate, and manage the Keister park site within the Park for the benefit of the public. (4) Park community partners.--The Secretary shall cooperate with the Park's adjacent historic towns of Strasburg and Middletown, Virginia, as well as Frederick, Shenandoah, and Warren counties in furthering the purposes of the Park. (5) Shenandoah valley battlefields foundation.--The Shenandoah Valley Battlefields Foundation may continue to administer and manage the Shenandoah Valley Battlefields National Historic District in partnership with the National Park Service and in accordance with the Management Plan for the District in which the Park is located. SEC. 14. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as are necessary to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Cedar Creek and Belle Grove National Historical Park Act - (Sec. 5) Establishes the Cedar Creek and Belle Grove National Historical Park in Virginia.(Sec. 6) Authorizes the Secretary of the Interior to: (1) acquire land within the Park's boundaries from willing sellers by donation, purchase, or exchange; (2) acquire associated personal property for interpretation of the Park; and (3) acquire conservation easements and enter into covenants regarding lands in or adjacent to the Park to protect the scenic, natural, and historic resources on such lands and preserve the Park's natural or historic setting. Authorizes the National Park Service (NPS) to acquire land outside the Park for the development of visitor, administrative, museum, curatorial, and maintenance facilities.(Sec. 7) Directs the Secretary to: (1) administer the Park in accordance with this Act and laws generally applicable to NPS units; and (2) submit to specified congressional committees a Park management plan which shall contain provisions to address the needs of non-Federal landowners, including independent nonprofit organizations, within Park boundaries.(Sec. 9) Establishes the Cedar Creek and Belle Grove National Historical Park Advisory Commission to advise the Secretary on: (1) the preparation and implementation of the management plan; and (2) the identification of sites of significance outside the Park deemed necessary to fulfill the purposes of this Act.(Sec. 10) Directs the Secretary and the Commission to encourage conservation of the historic and natural resources within and in proximity of the Park by landowners, local governments, organizations, and businesses. Authorizes the Secretary to provide technical assistance to local governments in cooperative efforts which complement the values of the Park.(Sec. 11) Authorizes the Secretary to: (1) receive and expend funds from an endowment to be established with the National Park Foundation for the interpretation, preservation, and maintenance of the Park resources and public access areas; (2) enter into cooperative agreements with interested public and private entities and individuals for the conservation of historic and natural resources of the Park; and (3) provide technical and financial assistance for historic structure preservation, natural or cultural landscape maintenance, local preservation planning, interpretation, management of public visitation, and furthering the goals of the Shenandoah Valley Battlefields Foundation related to the Park.(Sec. 13) Directs the Secretary to acknowledge and support the continued participation by the Cedar Creek Battlefield Foundation, the National Trust for Historic Preservation and Belle Grove Incorporated, Shenandoah County, the towns of Strasburg and Middletown, Frederick, Shenandoah, and Warren Counties, and the Shenandoah Valley Battlefields Foundation in the management of the Park. Permits Cedar Creek Battlefield Foundation to transfer ownership interest in portions of their land to the National Park Service.(Sec. 14) Authorizes appropriations.

To designate the Cedar Creek and Belle Grove National Historical Park as a unit of the National Park System.

SECTION 1. AMENDMENT OF ACT ESTABLISHING GATEWAY NATIONAL RECREATION AREA. (a) Statement of Purposes.--The first section of the Act entitled ``An Act to establish the Gateway National Recreation Area in the States of New York, and New Jersey, and for other purposes'', approved October 27, 1972 (16 U.S.C. 460cc), is amended by inserting the following after the first sentence: ``In addition, the Secretary may utilize the resources of Fort Wadsworth in the Staten Island Unit, Fort Hancock in the Sandy Hook Unit, and Floyd Bennett Field in the Jamaica Bay and Breezy Point Units of the recreation area to provide for and support programs and activities that foster research, education, and demonstration projects concerning the environment, international affairs, cultural understanding, and health and science. The Secretary may also utilize the resources of Fort Wadsworth for any other purposes consistent with the community reuse plan or other initiatives for Naval Station New York, and is encouraged to do so to the greatest extent possible.''. (b) Administration.--Section 3 of such Act (16 U.S.C. 460cc-2) is amended by adding the following new subsection at the end thereof: ``(j)(1) In addition to other available authorities, the Secretary may, in his discretion, negotiate and enter into leases or other agreements, as appropriate, with any person, firm, association, organization, corporation, or governmental entity for the use of any property within Fort Wadsworth, Fort Hancock, and Floyd Bennett Field in accordance with the general management plan or for any of the purposes set forth in the first section of this Act. The Secretary may further, in his discretion, negotiate and enter into leases or other agreements, as appropriate, with any Federal agency to house employees of the agency engaged in activities or programs at Fort Wadsworth, Fort Hancock, Floyd Bennett Field or in the New York City metropolitan area. ``(2) In addition to other available authorities, the Secretary may, in his discretion, enter into interagency permitting agreements or other appropriate agreements with the Secretary of Defense, Secretary of Transportation, and other Federal agencies to locate their activities and house their employees at Fort Wadsworth, Fort Hancock, and Floyd Bennett Field. ``(3) Any leases or other appropriate agreements entered into under this subsection shall be subject to such procedures, terms, conditions, and restrictions as the Secretary deems necessary. Leases shall be entered into at fair market value, which shall be calculated taking into account the uses permitted by the general management plan or under this Act. The preceding sentence shall not apply to (A) any interagency permitting agreement entered into between the Secretary and the Secretary of Defense or other Federal agencies regarding the location of activities or housing of employees at Fort Wadsworth, Fort Hancock, and Floyd Bennett Field; (B) leases entered into in accordance with a community reuse plan for Naval Station New York; (C) any lease or use agreement entered into with any State or local governmental unit or instrumentality for a public purpose; or (D) leases entered into with nonprofit organizations. ``(4) The Secretary shall establish competitive bidding procedures to be used for the issuance of leases under this section. For leases and other appropriate agreements under this subsection, the Secretary may waive any requirement of any law or regulation otherwise applicable to the leasing of Federal properties if the Secretary determines that such waiver is necessary to carry out the purposes of this Act. The Secretary shall provide written notice of any such waiver to the United States Congress. The notice to Congress shall contain an explanation of the reasons for such determination. ``(5) The proceeds from leases under this subsection, and from concession and other use authorizations and from other services that may be provided by the recreation area under this subsection, shall be retained by the Secretary and be credited to the appropriation bearing the cost of preservation, restoration, maintenance, improvement, repair, and related expenses including administration of the above, incurred by the Secretary with respect to Fort Wadsworth, Fort Hancock, and Floyd Bennett Field properties, with the balance used to defray other costs incurred by the Secretary in the administration of Fort Wadsworth, Fort Hancock, and Floyd Bennett Field. ``(6) Each lessee and sublessee of a lease entered into under this subsection shall keep such records as the Secretary may prescribe to enable the Secretary to determine that all terms of the lease or sublease have been and are being faithfully performed. The Secretary and the Comptroller General of the United States and their duly authorized representatives shall, for the purpose of audit and examination, have access to all records and to other books, documents, and papers of the lessee and sublessee pertinent to the lease or sublease and all the terms and conditions thereof. ``(7) The Secretary shall annually prepare and submit to Congress a report on property leased under this subsection. ``(8) In addition to other available authorities, the Secretary may, in his discretion, enter into cooperative agreements and permits for any of the purposes of the recreation area set out in the first section of this Act.''.

Authorizes the Secretary of the Interior to utilize the resources of Fort Wadsworth in the Staten Island Unit, Fort Hancock in the Sandy Hook Unit, and Floyd Bennett Field in the Jamaica Bay and Breezy Point Units of the Gateway National Recreational Area in New York and New Jersey to provide for and support programs and activities that foster research, education, and demonstration projects concerning the environment, international affairs, cultural understanding, and health and science. Authorizes the Secretary to utilize the resources of Fort Wadsworth for any other purposes consistent with the community reuse plan or other initiatives for Naval Station New York. Authorizes the Secretary to enter into: (1) appropriate leases or other agreements with any person, firm, association, organization, corporation, or governmental entity for the use of any property within Fort Wadsworth, Fort Hancock, and Floyd Bennett Field in accordance with the general management plan for the Area or for any of the purposes set forth in the Act establishing such Area; (2) appropriate leases or other agreements with any Federal agency to house its employees engaged in activities or programs at Fort Wadsworth, Fort Hancock, Floyd Bennett Field, or in the New York City metropolitan area; and (3) interagency permitting agreements or other appropriate agreements with the Secretary of Defense, Secretary of Transportation, and other Federal agencies to locate their activities and house their employees at Fort Wadsworth, Fort Hancock, and Floyd Bennett Field. Requires the Secretary to establish competitive bidding procedures to be used for the issuance of such leases. Requires proceeds from the leases, concession, other use authorizations, and services that may be provided by the Area to be retained by the Secretary and credited to the appropriation bearing the cost of preservation, restoration, maintenance, improvement, repair, and related expenses incurred by the Secretary with respect to Fort Wadsworth, Fort Hancock, and Floyd Bennett Field properties, with the balance used to defray other costs incurred by the Secretary in the administration of such properties. Authorizes the Secretary to enter into cooperative agreements and permits for any of the purposes set out in this Act.

To amend the Act establishing the Gateway National Recreation Area to provide for the management of Fort Wadsworth by the Secretary of the Interior, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Living Equitably: Grandparents Aiding Children and Youth Act of 2002'' commonly known as the ``LEGACY Act of 2002''. SEC. 2. DEFINITIONS. In this Act: (1) Child.--The term ``child'' means an individual who-- (A) is not attending school and is not more than 18 years of age; or (B) is attending school and is not more than 19 years of age. (2) Covered family.--The term ``covered family'' means a family that-- (A) includes a child; and (B) has a head of household who is-- (i) a grandparent of the child who is raising the child; or (ii) a relative of the child who is raising the child. (3) Elderly person.--The term ``elderly person'' has the same meaning as in section 202(k) of the Housing Act of 1959 (12 U.S.C. 1701q(k)). (4) Grandparent.-- (A) In general.--The term ``grandparent'' means, with respect to a child, an individual who is a grandparent or stepgrandparent of the child by blood or marriage, regardless of the age of such individual. (B) Case of adoption.--In the case of a child who was adopted, the term includes an individual who, by blood or marriage, is a grandparent or stepgrandparent of the child as adopted. (5) Intergenerational dwelling unit.--The term ``intergenerational dwelling unit'' means a qualified dwelling unit that is reserved for occupancy only by an intergenerational family. (6) Intergenerational family.--The term ``intergenerational family'' means a covered family that has a head of household who is an elderly person. (7) Private nonprofit organization.--The term ``private nonprofit organization'' has the same meaning given that term in section 202(k) of the Housing Act of 1959 (12 U.S.C. 1701q(k)). (8) Qualified dwelling unit.--The term ``qualified dwelling unit'' means a dwelling unit that-- (A) has not fewer than 2 separate bedrooms; (B) is equipped with design features appropriate to meet the special physical needs of elderly persons, as needed; and (C) is equipped with design features appropriate to meet the special physical needs of young children, as needed. (9) Raising a child.--The term ``raising a child'' means, with respect to an individual, that the individual-- (A) resides with the child; and (B) is the primary caregiver for the child-- (i) because the biological or adoptive parents of the child do not reside with the child or are unable or unwilling to serve as the primary caregiver for the child; and (ii) regardless of whether the individual has a legal relationship to the child (such as guardianship or legal custody) or is caring for the child informally and has no such legal relationship with the child. (10) Relative.-- (A) In general.--The term ``relative'' means, with respect to a child, an individual who-- (i) is not a parent of the child by blood or marriage; and (ii) is a relative of the child by blood or marriage, regardless of the age of the individual. (B) Case of adoption.--In the case of a child who was adopted, the term includes an individual who, by blood or marriage, is a relative of the family who adopted the child. (11) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 3. DEMONSTRATION PROGRAM FOR ELDERLY HOUSING FOR INTERGENERATIONAL FAMILIES. (a) Demonstration Program.--The Secretary shall carry out a demonstration program (referred to in this section as the ``demonstration program'') to provide assistance for intergenerational dwelling units for intergenerational families in connection with the supportive housing program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q). (b) Intergenerational Dwelling Units.--The Secretary shall provide assistance under this section to private nonprofit organizations for use only for expanding the supply of intergenerational dwelling units, which units shall be provided-- (1) by designating and retrofitting, for use as intergenerational dwelling units, existing dwelling units that are located within a project assisted under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); (2) through development of buildings or projects comprised solely of intergenerational dwelling units; or (3) through the development of an annex or addition to an existing project assisted under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), that contains intergenerational dwelling units, including through the development of elder cottage housing opportunity units that are small, freestanding, barrier free, energy efficient, removable dwelling units located adjacent to a larger project or dwelling. (c) Program Terms.--Assistance provided pursuant to this section shall be subject to the provisions of section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), except that-- (1) notwithstanding subsection (d)(1) of that section 202 or any provision of that section restricting occupancy to elderly persons, any intergenerational dwelling unit assisted under the demonstration program may be occupied by an intergenerational family; (2) subsections (e) and (f) of that section 202 shall not apply; (3) in addition to the requirements under subsection (g) of that section 202, the Secretary shall-- (A) ensure that occupants of intergenerational dwelling units assisted under the demonstration program are provided a range of services that are tailored to meet the needs of elderly persons, children, and intergenerational families; and (B) coordinate with the heads of other Federal agencies as may be appropriate to ensure the provision of such services; and (4) the Secretary may waive or alter any other provision of that section 202 necessary to provide for assistance under the demonstration program. (d) Selection.--The Secretary shall-- (1) establish application procedures for private nonprofit organizations to apply for assistance under this section; and (2) to the extent that amounts are made available pursuant to subsection (f), select not less than 2 and not more than 4 projects that are assisted under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) for assistance under this section, based on the ability of the applicant to develop and operate intergenerational dwelling units and national geographical diversity among those projects funded. (e) Report.--Not later than 36 months after the date of enactment of this Act, the Secretary shall submit a report to Congress that-- (1) describes the demonstration program; and (2) analyzes the effectiveness of the demonstration program. (f) Funding.--Of amounts made available for assistance under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) for fiscal years 2003 through 2006, the Secretary shall reserve such sums as may be necessary for each fiscal year for use only for providing assistance under this section. (g) Sunset.--The demonstration program carried out under this section shall terminate 5 years after the date of enactment of this Act. SEC. 4. DEMONSTRATION PROGRAM FOR RENTAL ASSISTANCE FOR GRANDPARENT- HEADED OR RELATIVE-HEADED FAMILIES. (a) In General.--The Secretary shall carry out a demonstration program (referred to in this section as the ``demonstration program'') to provide rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) for the rental of suitable dwelling units by covered families. (b) Eligible Units.--Under the demonstration program, the Secretary shall make rental assistance amounts reserved pursuant to subsection (f) available to public housing agencies selected to participate in the demonstration program for use only for assistance on behalf of covered families renting qualified dwelling units. (c) Services.--The Secretary shall-- (1) require any public housing agency participating in the demonstration program to ensure that families receiving rental assistance pursuant to this section are provided with supportive services that are tailored to the needs of children and covered families; and (2) coordinate with the heads of other Federal agencies as may be appropriate to ensure the provision of such services. (d) Selection.--The Secretary shall-- (1) establish application procedures for public housing agencies to apply to participate in the demonstration program; and (2) to the extent that amounts are made available pursuant to subsection (f), select not less than 2 and not more than 4 agencies for participation in the demonstration program, based on the ability of the applicant to provide assistance and services under the demonstration program and national geographical diversity among agencies participating in the demonstration program. (e) Report.--Not later than 36 months after the date of enactment of this Act, the Secretary shall submit a report to Congress that-- (1) describes the demonstration program; and (2) analyzes the effectiveness of the demonstration program. (f) Funding.--Of amounts made available for voucher assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) for fiscal year 2003 and fiscal years thereafter, the Secretary shall reserve such sums as may be necessary for each fiscal year for use only for providing rental assistance under this section. (g) Sunset.--The demonstration program carried out under this section shall terminate 5 years after the date of enactment of this Act. SEC. 5. ELIGIBILITY OF GRANDPARENT-HEADED AND RELATIVE-HEADED FAMILIES FOR FAMILY UNIFICATION ASSISTANCE. Section 8(x) of the United States Housing Act of 1937 (42 U.S.C. 1437f(x)) is amended-- (1) in paragraph (2)-- (A) by striking ``section 8'' and inserting ``this section''; (B) by striking ``of (A) any family (i) who'' and inserting the following: ``of-- ``(A) any family-- ``(i) who''; (C) by striking ``assistance, and (ii) who'' and inserting the following: ``assistance; and ``(ii) who''; (D) by striking ``care and (B) for'' and inserting the following: ``care; ``(B) for''; and (E) by striking ``older.'' and inserting the following: ``older; or ``(C) a covered family (as that term is defined in section 2 of the LEGACY Act of 2002), who is otherwise eligible for such assistance, for rental of a qualified dwelling unit (as that term is defined in section 2 of the LEGACY Act of 2002).''; and (2) in paragraph (3)-- (A) by striking ``The'' and inserting the following: ``(A) In general.--The''; (B) by striking ``To'' and inserting the following: ``(B) Required submission.--To''; (C) by striking ``containing a report'' and inserting the following: ``containing-- ``(i) a report''; and (D) by striking ``subsection.'' and inserting the following: ``subsection; or ``(ii) a description of the need for assistance under this subsection for covered families (as that term is defined in section 2 of the LEGACY Act of 2002).''. SEC. 6. ELIGIBILITY OF HOME PROGRAM ECHO UNITS FOR USE FOR GRANDPARENT- HEADED AND RELATIVE-HEADED FAMILIES. Section 104(8) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704(8)) is amended-- (1) by striking ``includes manufactured'' and inserting the following: ``includes-- ``(A) manufactured''; and (2) by inserting before the period at the end the following: ``; and ``(B) cottage housing opportunity units that are installed adjacent to existing 1- to 4-family dwellings, are occupied by children who are members of covered families (as that term is defined in section 2 of the LEGACY Act of 2002), and facilitate the habitation of covered families as a single family unit''. SEC. 7. ASSISTANCE UNDER FAIR HOUSING INITIATIVES PROGRAM FOR EDUCATION AND OUTREACH REGARDING HOUSING OPPORTUNITIES FOR GRANDPARENT-HEADED AND RELATIVE-HEADED FAMILIES. Section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) education, outreach, counseling, and assistance programs designed-- ``(A) to inform covered families (as that term is defined in section 2 of the LEGACY Act of 2002) of affordable housing opportunities and services; and ``(B) to assist in obtaining those opportunities and services.''; and (2) in subsection (d), by adding at the end the following: ``(4) Housing programs for grandparent-headed and relative- headed families.--The Secretary shall provide funding to State and local governments and public and nonprofit organizations and institutions to carry out the activities under subsection (a)(3).''. SEC. 8. TRAINING FOR HUD PERSONNEL REGARDING GRANDPARENT-HEADED AND RELATIVE-HEADED FAMILIES ISSUES. Section 7 of the Department of Housing and Urban Development Act (42 U.S.C. 3535) is amended by adding at the end the following: ``(t) Training Regarding Issues Relating to Grandparent-Headed and Relative-Headed Families.--The Secretary shall ensure that all personnel employed in field offices of the Department who have responsibilities for administering the housing assistance program under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) or the supportive housing program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), and an appropriate number of personnel in the headquarters office of the Department who have responsibilities for those programs, have received adequate training regarding the particular needs and problems of covered families (as that term is defined in section 2 of the LEGACY Act of 2002), including appropriate affordable housing opportunities and legal custody issues.''. SEC. 9. STUDY OF HOUSING NEEDS OF GRANDPARENT-HEADED AND RELATIVE- HEADED FAMILIES. (a) In General.--The Secretary and the Director of the Bureau of the Census jointly shall-- (1) conduct a study to determine an estimate of the number of covered families in the United States and their affordable housing needs; and (2) submit a report to Congress regarding the results of the study conducted under paragraph (1). (b) Report and Recommendations.--The report required under subsection (a) shall-- (1) be submitted to Congress not later than 12 months after the date of enactment of this Act; and (2) include recommendations by the Secretary and the Director of the Bureau of the Census regarding how the major assisted housing programs of the Department of Housing and Urban Development, including the rental assistance and public housing programs under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) and the supportive housing for the elderly program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) can be used and, if appropriate, amended or altered, to meet the affordable housing needs of covered families.

Living Equitably: Grandparents Aiding Children and Youth Act of 2002 (Legacy Act of 2002) - Directs the Secretary of Housing and Urban Development to carry out: (1) a five-year pilot program in connection with the supportive housing program to provide assistance to private nonprofit organizations for expanding the supply of intergenerational dwelling units for intergenerational families (families headed by an elderly person); and (2) a five-year demonstration program for section 8 rental assistance to families headed by a grandparent or relative who is raising a child.Makes grandparent-headed and relative-headed families eligible for: (1) family unification assistance under the United States Housing Act of 1937; (2) Home program ECHO units under the Cranston-Gonzalez National Affordable Housing Act; and (3) fair housing initiatives education, counseling, and outreach under the Housing and Community Development Act of 1987.Amends the Department of Housing and Urban Development Act to provide Department of Housing and Urban Development personnel with related training.Directs the Secretary and the Director of the Bureau of the Census to conduct a joint study of such families' housing needs.

A bill to provide affordable housing opportunities for families that are headed by grandparents and other relatives of children, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lucid Act of 2015''. SEC. 2. SAFETY INCENTIVES TO PREVENT OPERATION OF MOTOR VEHICLES BY INTOXICATED PERSONS. (a) In General.--Section 163 of title 23, United States Code, is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: ``(f) Marijuana-Impaired Driving.--In addition to the other requirements of this section, in the case of a State in which the possession or use of marijuana is legal under the laws of the State with or without medical justification, the State shall be eligible for a grant under subsection (b), and shall be exempt from withholding under subsection (e), for a fiscal year only if the State-- ``(1) has in effect a law that prohibits an individual from driving or being in actual physical control of a motor vehicle while impaired by marijuana, as determined using measures established by the State; and ``(2) enforces that law using training and methods for determining cognitive or physical marijuana impairment.''. (b) Applicability.--The amendment made by subsection (a) shall apply to-- (1) the earlier of-- (A) the second fiscal year beginning after the date of enactment of this Act; and (B) the first fiscal year beginning after the 90th day following the date of publication of the report required under section 4(b); and (2) each fiscal year thereafter. SEC. 3. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE INTOXICATED OR DRIVING UNDER THE INFLUENCE. (a) In General.--Section 164(a)(2) of title 23, United States Code, is amended to read as follows: ``(2) Driving while intoxicated; driving under the influence.--The terms `driving while intoxicated' and `driving under the influence' mean-- ``(A) driving or being in actual physical control of a motor vehicle while having an alcohol concentration above the permitted limit, as established by each State; and ``(B) in the case of a State in which the possession or use of marijuana is legal under the laws of the State with or without medical justification, driving or being in actual physical control of a motor vehicle while impaired by marijuana as determined using measures established by the State, if the State has implemented such measures.''. (b) Applicability.--The amendments made by subsection (a) shall apply to fiscal years beginning after the date of enactment of this Act. SEC. 4. EVALUATION OF MEASURES TO TEST FOR MARIJUANA IMPAIRMENT. (a) Study.-- (1) In general.--The Administrator of the National Highway Traffic Safety Administration shall conduct scientific testing to determine-- (A) the extent to which marijuana impairs an individual's ability to drive a motor vehicle; (B) how the magnitude of such impairment varies among individuals depending on certain characteristics, including age, sex, body mass index, health status, and history of marijuana use; (C) whether or not it is possible to reliably determine whether and to what extent an individual is cognitively or physically impaired by marijuana solely by measuring the concentration of tetrahydrocannabinol (in this subsection referred to as ``THC'') and derivatives in the individual's bloodstream or saliva; (D) the most accurate methods for law enforcement officers to measure THC concentration in the body of an individual who is suspected of marijuana-impaired driving, including blood testing and oral fluid testing; (E) how the effectiveness of such testing methods is compromised if there is a delay between when an individual is pulled over on suspicion of impaired driving and when the individual is subjected to a physical test to determine the individual's level of impairment; and (F) the most accurate field sobriety tests to determine the level of physical and cognitive impairment of drivers who have ingested marijuana. (2) Nature of study.--The testing described in paragraph (1) shall-- (A) include-- (i) laboratory experimentation that measures the impact of marijuana on the physical and cognitive performance areas involved in driving, such as reaction time, tracking, motor coordination, visual functions, divided attention, signal detection, concentration, and hazard perception; and (ii) experimentation on a driving course or driving simulator (or both) that measures the impact of marijuana on driving performance; and (B) be completed not later than 2 years after the date of enactment of this Act. (3) Availability of marijuana to nhtsa for research purposes.--Not later than 60 days after receiving a request for research-grade marijuana from the Administrator, the National Institute on Drug Abuse shall make marijuana available to the Administrator in an amount sufficient for the Administrator to carry out the requirements of this subsection. Such marijuana shall be as similar as practicable in THC concentration to marijuana typically sold at marijuana dispensaries in States in which the use of marijuana is legal with or without medical justification. (b) Report.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Administrator shall issue a report that-- (A) contains recommendations to States on how to prevent marijuana-impaired driving, including-- (i) the most effective measures for determining marijuana impairment; (ii) the most effective methods for testing for marijuana impairment at the roadside, including an analysis of the affordability and feasibility of such testing for State and local law enforcement agencies; and (iii) strategies for addressing the dangers posed by drivers who are impaired simultaneously by marijuana and other substances such as alcohol and prescription opioid medications; (B) incorporates the results of other available cognitive, experimental, and epidemiological studies; and (C) summarizes any findings from the study conducted under subsection (a) that are available at the time of the report. (2) Publication.--The Administrator shall-- (A) make the report described in paragraph (1) available without cost in an electronic, publicly accessible format; (B) publish updates to the report every 6 months to account for further findings derived from the study conducted under subsection (a) and other relevant cognitive, experimental, and epidemiological research; and (C) make all raw statistical data derived from the study conducted under subsection (a) available in an electronic, publicly accessible format, which shall be-- (i) made available without charge, license, or registration requirement; (ii) capable of being searched and aggregated; (iii) permitted to be downloaded, including downloaded in bulk; and (iv) updated every 6 months until the study is completed and the entirety of the results of the study has been published.

Lucid Act of 2015 Makes eligible for federal-aid highway project grants a state whose law legalizes the possession or use of marijuana with or without medical justification only if that state: has in effect a law prohibiting an individual from driving or being in actual physical control of a motor vehicle while impaired by marijuana, and enforces that law using training and methods for determining cognitive or physical marijuana impairment. Exempts those states from specified administrative penalties. Revises the terms "driving while intoxicated" and "driving under the influence" to accord with this Act. Subjects repeat offenders to minimum civil and criminal penalties for driving a motor vehicle while impaired by marijuana in those states. Directs the Administrator of the National Highway Traffic Safety Administration to: study through scientific testing the extent to which marijuana impairs an individual's ability to drive a motor vehicle; and issue a report, and make it available electronically to the public, with recommendations to states on how to prevent marijuana-impaired driving.

Lucid Act of 2015

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Native American Housing Assistance and Self-Determination Act Amendments of 1997''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Restriction on waiver authority. Sec. 3. Organizational capacity; assistance to families that are not low-income. Sec. 4. Elimination of waiver authority for small tribes. Sec. 5. Expanded authority to review Indian housing plans. Sec. 6. Oversight. Sec. 7. Allocation formula. Sec. 8. Hearing requirement. Sec. 9. Performance agreement time limit. Sec. 10. Block grants and guarantees not Federal subsidies for low- income housing credit. Sec. 11. Technical and conforming amendments. SEC 2. RESTRICTION ON WAIVER AUTHORITY. Section 101(b)(2) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111(b)(2)) is amended by striking ``if the Secretary'' and all that follows before the period at the end and inserting the following: ``for a period of not more than 90 days, if the Secretary determines that an Indian tribe has not complied with, or is unable to comply with, those requirements due to extreme circumstances beyond the control of the Indian tribe''. SEC. 3. ORGANIZATIONAL CAPACITY; ASSISTANCE TO FAMILIES THAT ARE NOT LOW-INCOME. (a) Organizational Capacity.--Section 102(c)(4) of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4112(c)(4)) is amended-- (1) by redesignating subparagraphs (A) through (K) as subparagraphs (B) through (L), respectively; and (2) by inserting before subparagraph (B), as redesignated by paragraph (1) of this subsection, the following: ``(A) a description of the entity that is responsible for carrying out the activities under the plan, including a description of-- ``(i) the relevant personnel of the entity; and ``(ii) the organizational capacity of the entity, including-- ``(I) the management structure of the entity; and ``(II) the financial control mechanisms of the entity;''. (b) Assistance to Families That Are Not Low-Income.--Section 102(c) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4112) is amended by adding at the end the following: ``(6) Certain families.--With respect to assistance provided by a recipient to Indian families that are not low- income families under section 201(b)(2), evidence that there is a need for housing for each such family during that period that cannot reasonably be met without such assistance.''. SEC. 4. ELIMINATION OF WAIVER AUTHORITY FOR SMALL TRIBES. Section 102 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4112) is amended-- (1) by striking subsection (f); and (2) by redesignating subsection (g) as subsection (f). SEC. 5. EXPANDED AUTHORITY TO REVIEW INDIAN HOUSING PLANS. Section 103(a)(1) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4113(a)(1)) is amended-- (1) in the first sentence, by striking ``limited''; and (2) by striking the second sentence. SEC. 6. OVERSIGHT. (a) Repayment.--Section 209 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4139) is amended to read as follows: ``SEC. 209. NONCOMPLIANCE WITH AFFORDABLE HOUSING REQUIREMENT. ``If a recipient uses grant amounts to provide affordable housing under this title, and at any time during the useful life of the housing the recipient does not comply with the requirement under section 205(a)(2), the Secretary shall take appropriate action under section 401(a).''. (b) Audits and Reviews.--Section 405 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 1465) is amended to read as follows: ``SEC. 405. REVIEW AND AUDIT BY SECRETARY. ``(a) Requirements Under Chapter 75 of Title 31, United States Code.-- ``(1) In general.--An entity designated by an Indian tribe as a housing entity shall be treated, for purposes of chapter 75 of title 31, United States Code, as a non-Federal entity that is subject to the audit requirements that apply to non- Federal entities under that chapter. ``(2) Payment of costs.-- ``(A) In general.--The Secretary may arrange for, and pay the cost of, any audit required under paragraph (1). ``(B) Withholding of amounts.--If the Secretary pays for the cost of an audit under subparagraph (A), the Secretary may withhold, from the assistance otherwise payable under this Act, an amount sufficient to pay for the reasonable costs of conducting an audit that meets the applicable requirements of chapter 75 of title 31, United States Code, including, if appropriate, the reasonable costs of accounting services necessary to ensure that the books and records of the entity referred to in paragraph (1) are in such condition as is necessary to carry out the audit. ``(b) Additional Reviews and Audits.-- ``(1) In general.--In addition to any audit under subsection (a)(1), to the extent the Secretary determines such action to be appropriate, the Secretary may conduct an audit of a recipient in order to-- ``(A) determine whether the recipient-- ``(i) has carried out-- ``(I) eligible activities in a timely manner; and ``(II) eligible activities and certification in accordance with this Act and other applicable law; ``(ii) has a continuing capacity to carry out eligible activities in a timely manner; and ``(iii) is in compliance with the Indian housing plan of the recipient; and ``(B) verify the accuracy of information contained in any performance report submitted by the recipient under section 404. ``(2) Onsite visits.--To the extent practicable, the reviews and audits conducted under this subsection shall include onsite visits by the appropriate official of the Department of Housing and Human Development. ``(c) Review of Reports.-- ``(1) In general.--The Secretary shall provide each recipient that is the subject of a report made by the Secretary under this section notice that the recipient may review and comment on the report during a period of not less than 30 days after the date on which notice is issued under this paragraph. ``(2) Public availability.--After taking into consideration any comments of the recipient under paragraph (1), the Secretary-- ``(A) may revise the report; and ``(B) not later than 30 days after the date on which those comments are received, shall make the comments and the report (with any revisions made under subparagraph (A)) readily available to the public. ``(d) Effect of Reviews.--Subject to section 401(a), after reviewing the reports and audits relating to a recipient that are submitted to the Secretary under this section, the Secretary may adjust the amount of a grant made to a recipient under this Act in accordance with the findings of the Secretary with respect to those reports and audits.''. SEC. 7. ALLOCATION FORMULA. Section 302(d)(1) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4152(d)(1)) is amended-- (1) by striking ``The formula,'' and inserting the following: ``(A) In general.--Except with respect to an Indian tribe described in subparagraph (B), the formula''; and (2) by adding at the end the following: ``(B) Certain indian tribes.--With respect to fiscal year 1998 and each fiscal year thereafter, with respect to any Indian tribe having an Indian housing authority that owns or operates fewer than 250 public housing units, the formula under subparagraph (A) shall provide that the amount provided for a fiscal year in which the total amount made available for assistance under this Act is equal to or greater than the amount made available for fiscal year 1996 for assistance for the operation and modernization of the public housing referred to in subparagraph (A), the amount provided to that Indian tribe as modernization assistance shall be equal to the average annual amount of funds provided to the Indian tribe (other than funds provided as emergency assistance) under the assistance program under section 14 of the United States Housing Act of 1937 (42 U.S.C. 1437l) for the period beginning with fiscal year 1992 and ending with fiscal year 1997.''. SEC. 8. HEARING REQUIREMENT. Section 401(a) of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4161(a)) is amended-- (1) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and indenting each such subparagraph 2 ems to the right; (2) by striking ``Except as provided'' and inserting the following: ``(1) In general.--Except as provided''; (3) by striking ``If the Secretary takes an action under paragraph (1), (2), or (3)'' and inserting the following: ``(2) Continuance of actions.--If the Secretary takes an action under subparagraph (A), (B), or (C) of paragraph (1)''; and (4) by adding at the end the following: ``(3) Exception for certain actions.-- ``(A) In general.--Notwithstanding any other provision of this subsection, if the Secretary makes a determination that the failure of a recipient of assistance under this Act to comply substantially with any material provision (as that term is defined by the Secretary) of this Act is resulting, and would continue to result, in a continuing expenditure of Federal funds in a manner that is not authorized by law, the Secretary may take an action described in paragraph (1)(C) before conducting a hearing. ``(B) Procedural requirement.--If the Secretary takes an action described in subparagraph (A), the Secretary shall-- ``(i) provide notice to the recipient at the time that the Secretary takes that action; and ``(ii) conduct a hearing not later than 60 days after the date on which the Secretary provides notice under clause (i). ``(C) Determination.--Upon completion of a hearing under this paragraph, the Secretary shall make a determination regarding whether to continue taking the action that is the subject of the hearing, or take another action under this subsection.''. SEC. 9. PERFORMANCE AGREEMENT TIME LIMIT. Section 401(b) of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4161(b)) is amended-- (1) by striking ``If the Secretary'' and inserting the following: ``(1) In general.--If the Secretary''; (2) by striking ``(1) is not'' and inserting the following: ``(A) is not''; (3) by striking ``(2) is a result'' and inserting the following: ``(B) is a result: (4) in the flush material following paragraph (1)(B), as redesignated by paragraph (3) of this section-- (A) by adjusting the margin 2 ems to the right; and (B) by inserting before the period at the end the following: ``, if the recipient enters into a performance agreement with the Secretary that specifies the compliance objectives that the recipient will be required to achieve by the termination date of the performance agreement''; and (5) by adding at the end the following: ``(2) Performance agreement.--The period of a performance agreement described in paragraph (1) shall be for 1 year. ``(3) Review.--Upon the termination of a performance agreement entered into under paragraph (1), the Secretary shall review the performance of the recipient that is a party to the agreement. ``(4) Effect of review.--If, on the basis of a review under paragraph (3), the Secretary determines that the recipient-- ``(A) has made a good faith effort to meet the compliance objectives specified in the agreement, the Secretary may enter into an additional performance agreement for the period specified in paragraph (2); and ``(B) has failed to make a good faith effort to meet applicable compliance objectives, the Secretary shall determine the recipient to have failed to comply substantially with this Act, and the recipient shall be subject to an action under subsection (a).''. SEC. 10. BLOCK GRANTS AND GUARANTEES NOT FEDERAL SUBSIDIES FOR LOW- INCOME HOUSING CREDIT. (a) In General.--Subparagraph (E) of section 42(i)(2) of the Internal Revenue Code of 1986 (relating to determination of whether building is federally subsidized) is amended to read as follows: ``(E) Buildings receiving home assistance or native american housing assistance.-- ``(i) In general.-- ``(I) Inapplicability.--Assistance provided under the HOME Investment Partnerships Act or the Native American Housing Assistance and Self- Determination Act of 1996 as in effect on the day before the date of enactment of the Native American Housing Assistance and Self-Determination Act Amendments of 1997 with respect to any building shall not be taken into account under subparagraph (D) if 40 percent or more of the residential units in the building are occupied by individuals whose income is 50 percent or less of the area median gross income. ``(II) Applicability of other law.--Subsection (d)(5)(C) does not apply to any building to which subclause (I) applies. ``(ii) Special rule for certain high-cost housing areas.--In the case of a building located in a city described in section 142(d)(6), clause (i) shall be applied by substituting `25 percent' for `40 percent'.''. (b) Applicability.--The amendment made by this section shall apply to determinations made under section 42(i)(2) of the Internal Revenue Code after the date of enactment of this Act. SEC. 11. TECHNICAL AND CONFORMING AMENDMENTS. (a) Table of Contents.--Section 1(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 note) is amended in the table of contents-- (1) by striking the item relating to section 206; and (2) by striking the item relating to section 209 and inserting the following: ``209. Noncompliance with affordable housing requirement.''. (b) Authorization of Appropriations.--Section 108 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4117) is amended to read as follows: ``SEC. 108. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated for each of fiscal years 1998 through 2001-- ``(1) to provide assistance under this title for emergencies and disasters, as determined by the Secretary, $10,000,000; and ``(2) such sums as may be necessary to otherwise provide grants under this title.''. (c) Certification of Compliance With Subsidy Layering Requirements.--Section 206 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4136) is repealed. (d) Terminations.--Section 502(a) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4181(a)) is amended by adding at the end the following: ``Any housing that is the subject of a contract for tenant-based assistance between the Secretary and an Indian housing authority that is terminated under this section shall, for the following fiscal year and each fiscal year thereafter be considered to be a dwelling unit under section 302(b)(1).''.

Native American Housing Assistance and Self-Determination Act Amendments of 1997 - Makes amendments to the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA), including: (1) setting forth a requirement for assistance to Indian families that are not low-income; (2) eliminating separate Indian housing plan requirements for small Indian tribes; (3) expanding the authority of the Secretary of Housing and Urban Development to review Indian housing plans; (4) revising provisions regarding review and audit by the Secretary; (5) prescribing an allocation formula with respect to certain Indian tribes; (6) excepting from the hearing requirement certain actions by the Secretary affecting grant amounts if the Secretary makes a determination that the failure of a recipient of assistance to comply substantially with any material provision of the Act is resulting, and would continue to result, in a continuing unauthorized expenditure of Federal funds; and (7) revising requirements regarding noncompliance by recipients because of technical incapacity to permit the provision of technical assistance if the recipient enters into a performance agreement with the Secretary (limits the period of such an agreement to one year). (Sec. 10) Amends the Internal Revenue Code to treat block grants and guarantees provided under the HOME Investment Partnerships Act or NAHASDA not as Federal subsidies, under specified circumstances, for the purposes of determining eligibility for the low-income housing credit. (Sec. 11) Amends NAHASDA to repeal the requirement regarding the certification of compliance with subsidy layering requirements with respect to housing assisted with grant amounts provided under the Act.

Native American Housing Assistance and Self-Determination Act Amendments of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Competitive Communities Demonstration Act of 1994''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Traditionally, the Economic Development Administration has primarily helped communities develop the necessary public infrastructure to enable such communities to foster private sector investment and in many communities public infrastructure remains a critical enabler to economic development. (2) However, in many distressed communities the primary economic development challenge is not a lack of public infrastructure but rather a lack of supporting high growth, globally competitive private sector activities as a generator of quality jobs. (3) Therefore, building upon its existing network of programs, the Economic Development Administration should institute a Competitive Communities Demonstration Program to assist distressed communities develop the necessary economic base to compete in the global marketplace. (b) Purposes.--The purposes of this Act include the following: (1) To enable the Economic Development Administration to become a more active partner in bringing community leadership together with competitive growth businesses to build a new competitive economic base in communities outside the mainstream of economic growth. (2) To raise the economic aspirations of such communities beyond the retention of the existing economic base to building a new competitive economic base for the future. SEC. 3. COMPETITIVE COMMUNITIES DEMONSTRATION PROGRAM. Title IX of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3241-3245) is amended-- (1) by redesignating section 905 as section 908; and (2) by inserting after section 904 the following: ``SEC. 905. COMPETITIVE COMMUNITIES DEMONSTRATION PROGRAM. ``(a) Establishment.--The Secretary shall establish and carry out a Competitive Communities Demonstration Program (hereinafter in this section referred to as the `program') under which the Secretary may make grants to eligible intermediaries in accordance with the requirements of this section. ``(b) Eligible Intermediary Defined.--In this section, the term `eligible intermediary' means an economic development district established under title IV of this Act, an Indian tribe, a State, a city or other political subdivision of a State, a nonprofit organization, or a consortium of any of such entities which demonstrate the financial expertise, ability, and legal authority to make investments under the program, as well as the ability to develop and implement a community investment strategy. ``(c) Use of Grants.--A grant made to an eligible intermediary under the program shall be used by the eligible intermediary to provide financial assistance to high growth businesses in a distressed community. Such financial assistance may include loans, loan guarantees, and payments to reduce interest on loan guarantees. ``(d) Grant Applications.--An eligible intermediary seeking a grant under the program shall submit to the Secretary a grant application which-- ``(1) identifies proposed uses of the grant amounts; ``(2) demonstrates that receipt of the grant amounts would be a determining factor in a business decision to proceed with an investment in a high growth business in a distressed community; ``(3) demonstrates that the proposed uses of the grant amounts are part of a community investment strategy for economic development; ``(4) contains assurances satisfactory to the Secretary that the proceeds from the repayment of loans made by the eligible intermediary under the program will be used for purposes which are consistent with the purposes of the program; and ``(5) is in such form and contains such additional information as the Secretary may prescribe. ``(e) Panel of Experts.-- ``(1) Establishment.--The Secretary shall establish a panel of experts to review grant applications submitted to the Secretary under the program. Such panel shall consist of 7 members as follows: ``(A) The Secretary (or the Secretary's designee). ``(B) The Assistant Secretary for Economic Development. ``(C) 1 Regional Director of the Economic Development Administration appointed by the Secretary. ``(D) 1 Economic Development Representative of the Economic Development Administration appointed by the Secretary. ``(E) 3 private citizens with economic development and business expertise appointed by the Secretary. ``(2) Diversity of members.-- In making appointments under paragraph (1), the Secretary shall seek to appoint members with diverse ethnic, cultural, and geographic backgrounds. ``(f) Selection of Grant Recipients.-- ``(1) In general.--Grant recipients under the program will be selected by the Secretary on the basis of recommendations made by the panel of experts established pursuant to subsection (e) after a merit-based comparative evaluation of proposed projects conducted as part of a national competition. The national competition shall be held on a periodic basis. ``(2) Scoring system.--In order to make recommendations pursuant to paragraph (1), the panel shall rank the proposed projects by priority using a scoring system based on criteria described in subsection (g). ``(3) Geographic balance.--The project scoring system used pursuant to paragraph (2) shall be weighted to promote a balance among the regions of the United States and a balance among urban and rural areas; except that no specific formula may be used to apportion the projects between urban and rural areas. ``(g) Criteria To Be Used by Panel.-- ``(1) Criteria.--In recommending grant recipients under the program, the panel shall consider the following: ``(A) The role of the intermediary in the community, including the extent to which the intermediary has a clearly articulated role in the economic development strategy of the community and the extent to which such role is supported by both private sector and public sector leaders in the community. ``(B) The capacity of the eligible intermediary to participate in the program. ``(C) The business plans and prospects of the businesses which would receive assistance from the grant amounts. ``(D) The quantity and quality of jobs to be created or retained by the projects. ``(E) The commitment of the businesses to remain in the community. ``(F) The level of economic distress in the community involved. ``(G) The leveraging of non-Federal funds committed to the projects. ``(2) Special considerations.--In recommending grant recipients under the program, the panel shall give special consideration to the following applicants: ``(A) Applicants who operate existing revolving loan funds. ``(B) Applicants who have applied for designation as empowerment zones or enterprise communities under subchapter U of chapter 1 of the Internal Revenue Code of 1986 but have not received such designation because of the limited number of communities that may receive such designation. ``(C) Applicants who represent communities adversely affected by the closure or realignment of a military installation or by defense industry cutbacks. ``(h) Deadlines.-- ``(1) Submission of applications.--The Secretary shall publish in the Federal Register deadlines for the submission of grant applications under the program. ``(2) Approval or disapproval of applications.--The Secretary shall approve or disapprove each grant application received by the Secretary under the program on or before the 60th day following the deadline for submission of such grant application established pursuant to paragraph (1). ``(3) Use of grant amounts.--Any grant agreement entered into by the Secretary and an eligible intermediary under the program shall require that the eligible intermediary provide assistance to businesses using the grant amounts on or before the 90th day after the date of receipt of such grant amounts or shall return any remaining portion of such grant amounts to the Secretary for subsequent grant awards under the program. ``(i) Funding.--Of the amounts appropriated to carry out this title for fiscal year 1995 $20,000,000 shall be available to carry out this section.''. SEC. 4. LOAN GUARANTEE DEMONSTRATION PROGRAM. Title IX of such Act is further amended by inserting after section 905, as added by section 3 of this Act, the following: ``SEC. 906. LOAN GUARANTEE DEMONSTRATION PROGRAM. ``(a) Authority To Guarantee Loans.--To the extent the Secretary considers appropriate to carry out the economic adjustment purposes of this title, the Secretary is authorized to guarantee loans made to private borrowers by private lending institutions, community development financial institutions, and other lenders. ``(b) Eligible Activities.--Activities for which loans may be guaranteed under this section include the development of land and facilities (including machinery and equipment) for industrial or commercial usage (such as the construction of new buildings, the rehabilitation of abandoned or unoccupied buildings, and alterations, conversion, or enlargement of existing buildings) and the provision of working capital. ``(c) Terms and Conditions.--The Secretary may make loan guarantees under this section upon application of the lenders and upon such terms and conditions as the Secretary may prescribe; except that-- ``(1) no such guarantee shall at any time exceed 90 percent of the outstanding unpaid balance of such loans; and ``(2) no such guarantee shall be provided unless the lender or the lender's designee is responsible and makes adequate provision for servicing the loan on reasonable terms and for protecting the financial interests of the United States. ``(d) Full Faith and Credit.--Loan guarantees provided under this section shall have the full faith and credit of the United States. ``(e) Preferred Lenders.--To the extent feasible, the Secretary shall conduct the guarantee program established under this section on a preferred lenders basis and shall authorize lenders, in accordance with agreements entered into between the Secretary and such lenders, to take such actions on the Secretary's behalf as the Secretary considers appropriate, including the determination of eligibility and credit worthiness and loan monitoring, collections, and liquidation. ``(f) Funding.--Of the amounts appropriated to carry out this title for fiscal year 1995 $10,000,000 shall be available to carry out this section.''. SEC. 5. REPORTING REQUIREMENT. Title IX of such Act is further amended by inserting after section 906, as added by section 4 of this Act, the following: ``SEC. 907. REPORTING REQUIREMENT. ``As part of the annual report to be transmitted to Congress under section 707 of this Act, the Secretary shall include an assessment of-- ``(1) the competitiveness of the economic base of the Nation's distressed areas; ``(2) the Nation's progress in encouraging investment in competitive businesses located in distressed areas outside the mainstream of economic growth; ``(3) the success of the Competitiveness Communities Demonstration Program authorized by section 905, including the number of grants provided under the program, the distribution of such grants among geographic regions and among urban and rural areas, the amount of non-Federal funds leveraged using such grants, and the quantity and quality of jobs created; and ``(4) the success of the loan guarantee program authorized by section 906, including the subsidy cost of loan guarantees made under the program.''.

Competitive Communities Demonstration Act of 1994 - Amends the Public Works and Economic Development Act of 1965 (the Act) to direct the Secretary of Commerce to establish and carry out a Competitive Communities Demonstration Program under which the Secretary makes grants to eligible intermediaries to provide financial assistance to high growth businesses in distressed communities. Outlines grant application requirements and directs the Secretary to establish a panel of experts to review grant applications. Requires the panel to use specified criteria in its review and to give special consideration to applicants who: (1) operate existing revolving loan funds; (2) have applied for but failed to receive designation as empowerment zones or enterprise communities under the Internal Revenue Code; and (3) represent communities adversely affected by the closure or realignment of military installations or defense cutbacks. Provides funding from amounts appropriated under the Act. Authorizes the Secretary to guarantee loans made to private borrowers by private lending institutions, community development financial institutions, and other lenders as considered appropriate to carry out the economic adjustment purposes of the Act. Includes as eligible activities for such loans the development of land and facilities for industrial or commercial usage and the provision of working capital. Provides funding from amounts appropriated under the Act. Directs the Secretary to include in an annual report required under the Act an assessment of the competitiveness of the economic base of the Nation's distressed areas, the progress made in encouraging investment in such areas, and the success of the demonstration and guaranteed loan programs established under this Act.

Competitive Communities Demonstration Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``FHA In-Person Servicing Improvement Act of 2013''. SEC. 2. PILOT PROGRAM. (a) Authority.--The Secretary of Housing and Urban Development shall carry out a pilot program under this section to use the authority under section 204(a)(2) of the National Housing Act (12 U.S.C. 1710(a)(2)) to make payments to a qualified entity or entities to compensate for their costs of making in-person contact with mortgagors whose payments under covered mortgages are more than 60 days past due, for the purpose of-- (1) identifying mortgagors eligible for loan modifications or refinances and providing packages to the mortgagee for such purposes; (2) identifying mortgagers not eligible for a loan modification or refinance but willing to engage in pre- foreclosure sales or deeds in lieu of foreclosure, and providing information to the mortgagee in order to facilitate such actions; (3) identifying whether a home's current occupant is the mortgagor or a renter, and if not occupied, taking steps to locate and make contact with the mortgagor; (4) providing information to the Secretary and the mortgagee regarding the condition of the home, in order to facilitate any actions needed to prevent the deterioration and loss of value of the home and assist the Department more generally in its asset management responsibilities; and (5) providing all relevant information on mortgagors and homes to the mortgagee on the loan and the Secretary in a format, approved by the Secretary, which helps improve asset management and maximize asset recovery of these delinquent loans. (b) Qualified Entities.--For purposes of this section, the term ``qualified entity'' means a single entity or a consortia or partnership of entities that-- (1) have experience in carrying out the activities identified in subsection (a); (2) are not affiliated with the mortgagor under any of the covered mortgages for which it is authorized to carry out actions under the pilot program under this section; and (3) comply with all relevant State and Federal laws. (c) Selection of a Qualified Entity or Entities.-- (1) Scope.--The Secretary shall have the discretion to select qualified entities to participate in the pilot program under this section. (2) Criteria.--Such selection shall be based on the qualifications and experience of the entity or entities to carry out the specific activities identified in subsection (a), including the level of infrastructure capability in reporting detailed information on the mortgage loan, underlying property, and the mortgagor. (3) Participating loans.--The Secretary shall make available not less than 50,000 and not more than 100,000 loans that meet the delinquency criteria of subsection (a) for this pilot program. (4) Timing.--The Secretary shall select the qualified entity and entities and make available loans under the pilot for their performance within 90 days of the enactment of the Act. (d) Payments.--Payments to the entity or entities selected to carry out the pilot program under this section may be based on-- (1) a flat amount per covered mortgage; (2) a performance success basis based on-- (A) completed packages; or (B) completed loan modifications, pre-foreclosure sales, and deeds in lieu of foreclosure; or (3) a combination of the methods under paragraphs (1) and (2). (e) Prohibition on Fees.--Entities selected to participate in the pilot program under this section may not charge any fees or require any payments, directly or indirectly, from the mortgagor or the mortgagee of a covered mortgage in connection any activities under the program. (f) HUD Review and Reporting.--The Secretary shall publish periodic updates on the status of the pilot program under this section, commencing not later than 30 days after the completion of actions under subsection (c)(1) and (c)(3), and thereafter not less often than every 90 until termination of the pilot program under subsection (h). Not later than 60 days after termination of the pilot program, the Secretary shall submit to the Congress and make publicly available a final report on the pilot program, including information and analysis of performance characteristics, which may include comparisons of estimated asset recovery levels under the pilot program compared to comparable loans not included in the pilot and loans that have gone through loan sales. (g) Definitions.--For purposes of this section, the following definitions shall apply: (1) Covered mortgage.--The term ``covered mortgage'' means a mortgage on a 1- to 4-family residence insured under subsection (b) or (k) of section 203, section 234(c), or 251 of the National Housing Act (12 U.S.C. 1709 (b) or (k), 1715y(c), 1715z-16). (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (h) Termination.--The Secretary may not make any payments under the pilot program under this section to any qualified entity for any in- person contact with a mortgagor that occurs after the expiration of the 24-month period beginning upon the completion of the actions under subsection (c)(1) and (c)(3).

FHA In-Person Servicing Improvement Act of 2013 - Directs the Secretary of Housing and Urban Development (HUD) to carry out a pilot program to use authority under the National Housing Act to pay insurance benefits to compensate a mortgagee for any costs of taking loss mitigation actions providing an alternative to foreclosure of a mortgage in default or facing imminent default. Requires the Secretary to make payments to a qualified entity or entities to compensate for their costs of making in-person contact with mortgagors whose payments under covered mortgages are more than 60 days past due.

FHA In-Person Servicing Improvement Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure E-Waste Export and Recycling Act''. SEC. 2. EXPORT CONTROLS ON ELECTRONIC WASTE. (a) Definitions.--In this section: (1) Electronic waste.-- (A) In general.--The term ``electronic waste'' means any of the following used items containing electronic components, or fragments thereof, including parts or subcomponents of such items: (i) Computers and related equipment. (ii) Data center equipment (including servers, network equipment, firewalls, battery backup systems, and power distribution units). (iii) Mobile computers (including notebooks, netbooks, tablets, and e-book readers). (iv) Televisions (including portable televisions and portable DVD players). (v) Video display devices (including monitors, digital picture frames, and portable video devices). (vi) Digital imaging devices (including printers, copiers, facsimile machines, image scanners, and multifunction machines). (vii) Consumer electronics-- (I) including digital cameras, projectors, digital audio players, cellular phones and wireless Internet communication devices, audio equipment, video cassette recorders, DVD players, video game systems (including portable systems), video game controllers, signal converter boxes, and cable and satellite receivers; and (II) not including appliances that have electronic features. (viii) Portable global positioning system navigation devices. (ix) Other used electronic items that the Secretary determines to be necessary to carry out this section. (B) Exempt items.--The term ``electronic waste'' does not include-- (i) exempted electronic waste items; or (ii) electronic parts of a motor vehicle. (2) Exempted electronic waste items.-- (A) In general.--The term ``exempted electronic waste items'' means the following: (i) Tested, working used electronics. (ii) Low-risk counterfeit electronics. (iii) Recalled electronics. (B) Definitions.--In this paragraph: (i) Tested, working used electronics.--The term ``tested, working used electronics'' means any used electronic items that-- (I) are determined, through testing methodologies established by the Secretary, to be fully functional for the purpose for which the items were designed, or, in the case of multifunction devices, fully functional for at least one of the primary purposes for which the items were designed; (II) are exported with the intent to reuse the products as functional products; and (III) are appropriately packaged for shipment to prevent the items from losing functionality due to damage during shipment. (ii) Low-risk counterfeit electronics.--The term ``low-risk counterfeit electronics'' means any electronic components or items that-- (I) have been subjected to destruction processes that render the items unusable for their original purpose; and (II) are exported as a feedstock, with no additional mechanical or hand separation required, in a reclamation process to render the electronic components or items recycled consistent with the laws of the foreign country performing the reclamation process. (iii) The term ``recalled electronics'' means any electronic items that-- (I) because of a defect in the design or manufacture of the items-- (aa) are subject to a recall notice issued by the Consumer Product Safety Commission or other pertinent Federal authority and have been received by the manufacturer or its agent and repaired by the manufacturer or its agent to cure the defect; or (bb) have been recalled by the manufacturer as a condition of the validity of the warranty on the items and have been repaired by the manufacturer or its agent to cure the defect; and (II) are exported by the manufacturer of the items. (iv) The term ``feedstock'' means any raw material constituting the principal input for an industrial process. (3) Counterfeit good.--The term ``counterfeit good'' means any good on which, or in connection with which, a counterfeit mark is used. (4) Counterfeit military good.--The term ``counterfeit military good'' means a good that uses a counterfeit mark on or in connection with such good and that-- (A) is falsely identified or labeled as meeting military specifications; or (B) is intended for use in a military or national security application. (5) Counterfeit mark.--The term ``counterfeit mark'' has the meaning given that term in section 2320 of title 18, United States Code. (6) Export administration regulations.--The term ``Export Administration Regulations'' means the regulations set forth in subchapter C of chapter VII of title 15, Code of Federal Regulations, or successor regulations. (7) Export; reexport.--The terms ``export'' and ``reexport'' mean ``export'' and ``reexport'' within the meaning of the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.), as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). (8) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (9) Used.--A product is ``used'' if it has been operated or employed. (b) Prohibition.--Except as provided in subsections (c) and (d), no person or entity may export or reexport electronic waste or exempted electronic waste items. (c) Export Prohibition Exemptions.--A person or entity may export or reexport exempted electronic waste items, but only if the following requirements are met: (1) Registration.--The person or entity is listed on a publicly available registry maintained by the Secretary. (2) Filing of export information.--For each export transaction, the person or entity files in the Automated Export System, in accordance with part 758 of the Export Administration Regulations, Electronic Export Information that contains at least the following information: (A) A description of the type and total quantity of exempted electronic waste items exported. (B) The name of each country that received the exempted electronic waste items for reuse or recycling. (C)(i) The name of the ultimate consignee to which the exempted electronic waste items were received for reclamation, recall, or reuse; and (ii) documentation and a declaration that such consignee has the necessary permits, resources, and competence to manage the exempted electronic waste items as reusable products or recyclable feedstock and prevent its release as a counterfeit good or counterfeit military good. (3) Compliance with existing export laws.--The export or reexport of exempted electronic waste items otherwise comply with applicable international agreements to which the United States is a party and with other trade laws of the United States. (4) Export declarations and requirements.--The exempted electronic waste items are accompanied by-- (A) documentation of the registration of the exporter required under paragraph (1); (B) a declaration signed by an officer or designated representative of the exporter asserting that the exempted electronic waste items meet the applicable requirements for exempted electronic waste items under this section; (C) a description of the contents and condition of the exempted electronic waste items in the shipment; (D) for tested, working electronic equipment, a description of the testing methodologies and test results for each item; (E) the name of the ultimate consignee and declaration of the consignee's applicable permits, resources, and competence to process or use the equipment as intended; and (F) with respect to low-risk counterfeit electronics only and when required by the importing country, the written consent of the competent authority of the receiving country to allow the products in such country. (d) Other Exceptions.--The Secretary may provide for such exceptions to the requirements of this section for-- (1) exports or reexports of 5 items or fewer per transaction of electronic components, or items containing electronic components, that are intended for personal use, and (2) exports or reexports of electronic components, or items containing electronic components, that are made to a person or entity under the ownership or control of the person or entity exporting or reexporting the components or items, subject to such recordkeeping requirements as the Secretary may impose, but only if the components or items are exported or reexported (as the case may be) with the intent that they be used for the purpose for which the components or items (as the case may be) were used in the United States. (e) Effective Date.-- (1) In general.--Subject to paragraph (2), this section shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act. (2) Modification of ear.--The Secretary shall, not later than the effective date under paragraph (1), ensure that the Export Administration Regulations are modified to carry out this section. (f) Penalties for Violations.--Any person who violates this section or the regulations issued under subsection (e)(2) shall be subject to the same penalties as those that apply to any person violating any other provision of the Export Administration Regulations.

Secure E-Waste Export and Recycling Act This bill prohibits any person from exporting or reexporting electronic waste (specified items containing electronic components or fragments, including computers, televisions, video display devices, and consumer electronics) or exempted electronic waste items (tested, working used electronics, low-risk counterfeit electronics, or recalled electronics), except as specified. "Low-risk counterfeit electronics" means electronic components or items that: (1) have been subjected to destruction processes that render the items unusable for their original purpose; and (2) are exported as a feedstock, with no additional mechanical or hand separation required, in a reclamation process to render the components or items recycled consistent with the laws of the foreign country performing such process. A person may export or reexport exempted electronic waste items only if: the person is listed on a publicly available registry maintained by the Department of Commerce; for each export transaction, the person files specified electronic export information in the Automated Export System; the export or reexport of exempted electronic waste items otherwise complies with applicable international agreements and other U.S. trade laws; and the exempted items are accompanied by certain required documentation. Commerce may provide exceptions to the requirements of this bill under specified circumstances for exports or reexports of five items or fewer per transaction of electronic components intended for personal use, and of electronic components to a person or entity under the ownership or control of the person exporting or reexporting the components, with the intent that they be used for the purpose for which they were used in the United States. Any violator of this bill or regulations issued under it shall be subject to the same penalties as those applicable to violators of any other provision of the Export Administration Regulations.

Secure E-Waste Export and Recycling Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Child Labor Relief Act of 1998''. SEC. 2. FINDINGS. The Congress finds the following: (1) Article 32 of the United Nations Convention on the Rights of the Child recognizes ``the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education or to be harmful to the child's health or physical, mental, spiritual, moral or social development.''. (2) Article 2 of Convention 138 of the International Labor Organization, the Minimum Age Convention, states that the minimum age for admission to employment or work ``shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years.''. (3) Convention 29 of International Labor Organization, the Forced Labor Convention, which has been in effect since 1930, prohibits most forms of ``forced or compulsory labor'', including all forced labor by people under the age of 18. (4) Although it is among the most universally condemned of all human rights abuses, child labor is widely practiced. The International Labor Organization and the United Nations Children's Fund (UNICEF) have estimated the total number of child workers to be between 200,000,000 and 250,000,000. More than 95 percent of those child workers live in developing countries. (5) The International Labor Organization has estimated that 13.2 percent of all children 10 to 14 years of age around the world were economically active in 1995. According to UNICEF, 75 percent of the child laborers in the 10 to 14 age group work 6 days a week or more, and 50 percent work 9 hours a day or more. There are no reliable figures on workers under 10 years of age, though their numbers are known to be significant. Reliable child labor statistics are not readily available, in part because many governments in the developing world are reluctant to document those activities, which are often illegal under domestic laws, which violate international standards, and which may be perceived as a failure of internal public policy. (6) Notwithstanding international and domestic prohibitions, many children in developing countries are forced to work as debt-bonded and slave laborers in hazardous and exploitative industries. According to the United Nations Working Group on Contemporary Forms of Slavery and the International Labor Organization, there are tens of millions of child slaves in the world today. Large numbers of those slaves are involved in agricultural and domestic labor, the sex industry, the carpet and textile industries, and quarrying and brick making. (7) In many countries, children lack either the legal standing or the means to protect themselves from cruelty and exploitation in the workplace. (8) The employment of children often interferes with the opportunities of such children for basic education. Furthermore, where it coexists with high rates of adult unemployment, the use of child labor likely denies gainful employment to millions of adults. (9) While child labor is a complex and multifaceted phenomenon that is tied to issues of poverty, educational opportunity, and culture, its most abusive and hazardous forms are repugnant to basic human rights and must be eliminated. (10) Created in 1992, the International Labor Organization's International Program on the Elimination of Child Labor (IPEC) is the world's largest technical cooperation program on child labor, involving more than 50 countries and over 1,000 action programs. Governments take the initiative in seeking IPEC assistance, and demonstrate their commitment to combating child labor by signing a memorandum of understanding with IPEC, which serves as the basis for a long term in-country program that is overseen by a national steering committee comprised of representatives of government, employers' and workers' organizations, and relevant nongovernmental organizations. IPEC activities aim at preventing child labor, withdrawing children from hazardous work, and providing alternatives to child labor as a transitional measure toward its elimination. SEC. 3. UNITED STATES SUPPORT FOR DEVELOPMENTAL ALTERNATIVES FOR UNDERAGE CHILD WORKERS. For each of the fiscal years 1999 through 2001 there are authorized to be appropriated for the Department of Labor under the heading ``International Labor Affairs Bureau'' $30,000,000 for a United States contribution to the International Labor Organization for the activities of the International Program on the Elimination of Child Labor. Passed the House of Representatives October 8, 1998. Attest: Clerk.

International Child Labor Relief Act of 1998 - Authorizes appropriations for FY 1999 through 2001 to the Department of Labor for the U.S. contribution to the International Labor Organization for the activities of the International Program on the Elimination of Child Labor.

International Child Labor Relief Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bridgeport Indian Colony Land Trust, Health, and Economic Development Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) The Bridgeport Indian Colony is a federally recognized Indian tribe with a reservation located near the town of Bridgeport, in Mono County, California. (2) The Tribe's reservation is approximately 40 acres, and was established by Federal law in 1974. (3) The reservation lands are insufficient for the Tribe's housing and community development needs. (4) The Tribe's reservation is located approximately 0.24 miles from Highway 182. (5) Between the Tribe's reservation and Highway 182 is an undeveloped piece of Federal land, of which a 31.86 acre parcel would be suitable to be added to the reservation and held in trust by the United States for the benefit of the Tribe. (6) The expansion of the reservation will facilitate a much-needed expansion of the Tribe's ability to provide housing for its membership, a community activity center, and tribal economic development. (7) Many tribal members have expressed interest in moving back to the reservation if housing and job opportunities can be made available. (8) A large portion of the nongovernmental labor force and business in Mono County is seasonal in nature, and unemployment in Mono County is approximately 10 percent. (9) Transfer of this parcel, to be held in trust for the Tribe, will expedite the creation of job opportunities in this rural community for both tribal members and the non-Indian community. (10) In addition to the need for expansion of the reservation, the Tribe has significant health needs that could be facilitated by a separate Federal parcel being held in trust by the United States for the benefit of the Tribe. (11) The Tribe is a member of the Toiyabe Indian Health Project, a nonprofit consortium of area Indian tribes which provides the Indian and non-Indian residents of the area with health care services, partially funded by the Indian Health Service. (12) The Toiyabe Indian Health Project operates other facilities in Bishop and Lone Pine, California. (13) In the 1980s, the Tribe applied for and received a Community Development Block Grant from the Department of Housing and Urban Development in order to build a healthcare facility in Mono County. (14) With Toiyabe Indian Health Project directing the project, the Camp Antelope Health Clinic was built on a 7.16 acre parcel of Federal land one mile north of Walker, California, approximately 30 miles from the Tribe's reservation. (15) The Toiyabe Indian Health Project closed the Camp Antelope Health Clinic in 2006. (16) The Tribe and the Toiyabe Indian Health Project have agreed that the health clinic needs to be reopened. (17) Tribal members have to drive 90 miles to Bishop to obtain Indian healthcare services. (18) Taking the additional land into trust will assist the Tribe and the Toiyabe Indian Health Project in providing healthcare services to Indians and non-Indians in the area. (19) The investment of Federal funds in the development of the health clinic adds to the importance of maintaining the parcel under Federal ownership. (20) On October 20, 2009, the Mono County Board of Supervisors voted to support the transfer of land into trust under this Act. (21) On April 20, 2010, the Mono County Board of Supervisors agreed unanimously to enter into a Memorandum of Understanding with the Tribe, thus supporting the Tribe's efforts to have these parcels of land transferred into trust SEC. 3. LANDS TO BE TAKEN INTO TRUST. (a) In General.--Subject to valid existing rights, all right, title, and interest (including improvements and appurtenances) of the United States in and to the Federal lands described in subsection (b) are hereby declared to be held in trust by the United States for the benefit of the Bridgeport Indian Colony. (b) Federal Lands Described.--The Federal lands referred to in subsection (a) are the approximately 39.36 acres described as follows: (1) The South half of the South half of the Northwest quarter of the Northwest quarter of the Northeast quarter and the North half of the Southwest quarter of the Northwest quarter of the Northeast quarter of Section 21, Township 8 North, Range 23 East, Mount Diablo Meridian, containing 7.5 acres, more or less, as identified on the map titled ``Bridgeport Camp Antelope Parcel''. (2) Lots 1 and 2 of the survey plat attached, containing 31.86 acres, more or less.

Bridgeport Indian Colony Land Trust, Health, and Economic Development Act of 2010 - Declares certain federal lands in Mono County, California, to be held in trust by the United States for the benefit of the Bridgeport Indian Colony.

To take certain Federal lands in Mono County, California, into trust for the benefit of the Bridgeport Indian Colony.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hygiene Assistance for Families of Infants and Toddlers Act of 2016''. SEC. 2. IMPROVING OPPORTUNITY DIAPER DISTRIBUTION DEMONSTRATION PROJECT. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-6. DIAPER DISTRIBUTION DEMONSTRATION PROJECT. ``(a) In General.--The Secretary shall make grants to eligible entities to conduct demonstration projects that implement and evaluate strategies to help families with eligible children address the diapering supply needs of such children. ``(b) Purpose.--The purpose of the diaper distribution demonstration project under this section is to identify new approaches to reduce the substantial cost of diapers and related supplies for low- income families and mitigate the health risks, including increased rates of depression and anxiety, that can arise when low-income families do not have an adequate supply of diapers for infants and toddlers. ``(c) Application Requirements.--An entity desiring a grant under this section shall submit to the Secretary an application that includes the following: ``(1) A description of how the entity will use the grant funds in a cost-effective manner to develop a diaper distribution program that will provide sufficient diapers and diapering supplies to each participating family, and the mechanisms the entity has in place to ensure the safety and appropriateness of the diapers and diapering supplies provided to families. ``(2) A description of how the entity will coordinate with other State, Federal, and community-based programs and agencies (particularly other programs and agencies targeted at assisting infants, toddlers, or the parents or guardians of infants or toddlers) that provide benefits and services to families participating in the diaper distribution program, to integrate the distribution of diapers and diapering supplies with the delivery of such other benefits and services. ``(3) A description of how the entity will provide for the delivery of benefits under the diaper distribution program, which may include-- ``(A) cash assistance to be used to purchase diapers and diapering supplies; ``(B) vouchers, coupons, electronic benefit transfer systems, or any other non-cash method to be used to purchase diapers and diapering supplies, except that the entity may not require a store to cover the cost of any equipment, system, or processing required for any such method as a condition of participation in the program; ``(C) assistance in distributing diapers and diapering supplies from any programs or agencies the entity considers appropriate; ``(D) the distribution of diapers and diapering supplies at diaper banks or through other nonprofit organizations described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code, including through the assistance of other State or Federal agencies that partner with such organizations to assist with diaper and diapering supply distribution; and ``(E) the distribution of diapers and diapering supplies at any other location or through any other means that will allow the entity to deliver diapers and diapering supplies to participating families without undue inconvenience. ``(d) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall be a State or local governmental entity, an Indian tribe or tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act), or a nonprofit organization. ``(e) Use of Funds.--An entity to which a grant is made under this section shall use the grant funds to carry out a diaper distribution program in accordance with the grant application submitted under subsection (c) and approved by the Secretary. ``(f) No Effect on Other Programs.--Any assistance or benefits provided to a family pursuant to a grant made to a State under this section shall be disregarded for purposes of determining the family's eligibility for, or amount of, benefits under any other Federal needs- based program or State-funded needs based program that is financed in whole or in part with Federal funds. ``(g) Reports.--As a condition of receiving a grant under this section for a fiscal year, the entity shall submit to the Secretary, not later than 6 months after the end of the fiscal year, a report that specifies-- ``(1) the number of children and the number of families receiving assistance from the entity under the diaper assistance program for each month of the fiscal year, and the number of such children and families who also receive assistance during the fiscal year under other relevant public assistance programs, as determined by the Secretary; ``(2) the number of diapers, and the number of each type of diapering supply distributed under the diaper distribution program for each month of the fiscal year; and ``(3) the method or methods the entity uses to distribute diapers and diapering supplies. ``(h) Evaluation.--The Secretary, in consultation with each entity that receives a grant under this section, shall-- ``(1) not later than September 30, 2018-- ``(A) complete an evaluation of the effectiveness of the diaper distribution programs carried out pursuant to this section and of varying approaches for distributing diapers and diapering supplies used in such programs; ``(B) submit to the relevant congressional committees a report on the results of such evaluation; and ``(C) publish the results of the evaluation on the Internet website of the Department of Health and Human Services; and ``(2)(A) not later than September 30, 2022, update the evaluation described in paragraph (1)(A); and ``(B) not later than 90 days after completion of the updated evaluation under subparagraph (B)-- ``(i) submit to the relevant congressional committees a report describing the results of such evaluation; and ``(ii) update the website described in paragraph (1)(C) to include the results of such evaluation. ``(i) Definitions.--In this section: ``(1) The term `diaper' means an absorbent garment that is washable or disposable that is worn by a child who cannot control bladder or bowel movements, and, in the case of a washable diaper, provided together with the support necessary, such as washing instruction and troubleshooting, to ensure that such diapers will be properly cleaned and available for reuse. ``(2) The term `diapering supplies' means items, including diaper wipes and diaper cream, necessary to ensure that a child using a diaper is properly cleaned and protected from diaper rash, and that the surrounding population is protected from harmful bacteria originating from dirty diapers. ``(3) The term `eligible child' means a child who-- ``(A) is not toilet-trained; ``(B) has not attained 4 years of age, unless the entity determines that the child has a substantial physical or mental impairment that requires the child to wear diapers; and ``(C) is a member of a family whose income is not more than 130 percent of the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved. ``(4) The term `participating family' means a family that includes an eligible child participating in a diaper distribution program carried out pursuant to this section. ``(5) The term `toilet-trained' means able and willing to use a toilet consistently such that diapers are not necessary on a daily basis. ``(j) Authorization of Appropriations.-- ``(1) In general.--To carry out this section, there are authorized to be appropriated for each of fiscal years 2017 through 2021 $75,000,000. ``(2) Availability of funds.--Funds provided to an entity under this section for a fiscal year may be expended only in the fiscal year or the succeeding fiscal year.''.

Hygiene Assistance for Families of Infants and Toddlers Act of 2016 This bill amends the Public Health Service Act to direct the Department of Health and Human Servicesto award grants to certain entities for demonstration projects that can help low-income families address the diapering supply needs of their children.

Hygiene Assistance for Families of Infants and Toddlers Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom from Government Competition Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Private sector business concerns, which are free to respond to the private or public demands of the marketplace, constitute the strength of the United States economic system. (2) Competitive private enterprises are the most productive, efficient, and effective sources of goods and services. (3) Unfair Government competition with the private sector of the economy is detrimental to the United States economic system. (4) Unfair Government competition with the private sector of the economy is at an unacceptably high level, both in scope and in dollar volume. (5) Current law and policy have failed to address adequately the problem of unfair Government competition with the private sector of the economy. (6) It is in the public interest that the Federal Government establish a consistent policy to rely on the private sector of the economy to provide goods and services necessary for or beneficial to the operation and management of Federal agencies and to avoid unfair Government competition with the private sector of the economy. SEC. 3. DEFINITIONS. In this Act, the term ``agency'' means-- (1) an executive department as defined by section 101 of title 5, United States Code; (2) a military department as defined by section 102 of such title; and (3) an independent establishment as defined by section 104(l) of such title. SEC. 4. PROCUREMENT FROM PRIVATE SOURCES. (a) Policy.--In the process of governing, the Federal Government should not compete with its citizens. The competitive enterprise system, characterized by individual freedom and initiative, is the primary source of national economic strength. In recognition of this principle, it has been and continues to be the general policy of the Federal Government-- (1) to rely on commercial sources to supply the products and services the Government needs; (2) to refrain from providing a product or service if the product or service can be procured more economically from a commercial source; and (3) to utilize Federal employees to perform inherently governmental functions (as that term is defined in section 5 of the Federal Activities Inventory Reform Act of 1998 (Public Law 105-270; 112 Stat. 2384)). (b) General Rule.--Except as provided in subsection (c) and notwithstanding any other provision of law, each agency shall obtain all goods and services necessary for or beneficial to the accomplishment of its authorized functions by procurement from private sources. (c) Exemptions.--Subsection (b) shall not apply to an agency with respect to goods or services if-- (1) the goods or services are required by law to be produced or performed, respectively, by the agency; or (2) the head of the agency determines and certifies to Congress in accordance with regulations promulgated by the Director of the Office of Management and Budget that-- (A) Federal Government production, manufacture, or provision of a good or service is necessary for the national defense or homeland security; (B) a good or service is so inherently governmental in nature that it is in the public interest to require production or performance, respectively, by Government employees; or (C) there is no private source capable of providing the good or service. (d) Method of Procurement.--The provision of goods and services not exempt by subsection (c)(1) or (c)(2) shall be performed by an entity in the private sector through-- (1) the divestiture of Federal involvement in the provision of a good or service; (2) the award of a contract to an entity in the private sector, using competitive procedures, as defined in section 309 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 259) and section 2302 of title 10, United States Code; (3) converting an activity to performance by a qualified firm under at least 51 percent ownership by an Indian tribe, as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)), or a Native Hawaiian Organization, as defined in section 8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)); or (4) conducting a public-private competitive sourcing analysis in accordance with the procedures established by the Office of Management and Budget and determining that using the assets, facilities, and performance of the private sector is in the best interest of the United States and that production or performance, respectively, by the private sector provides the best value to the taxpayer. (e) Contracted Activities.--The head of an agency may utilize Federal employees to provide goods or services previously provided by an entity in the private sector upon completion of a public-private competitive sourcing analysis described in subsection (d)(4), and after making a determination that the provision of such goods or services by Federal employees provides the best value to the taxpayer. (f) Regulations.--The Director of the Office of Management and Budget shall promulgate such regulations as the Director considers necessary to carry out this section. In promulgating such regulations, the Director shall assure that any State or territory, or political subdivision of a State or territory, complies with the policy and implements the requirements of this section when expending Federal funds. SEC. 5. STUDY AND REPORT. The Director of the Office of Management and Budget, in conjunction with the Comptroller General of the United States, shall carry out a study to evaluate the activities carried out in each agency, including those identified as commercial and inherently governmental in nature in the inventory prepared pursuant to the Federal Activities Inventory Reform Act (Public Law 105-270; 31 U.S.C. 501 note) and shall transmit a report to the Congress prior to June 30 of each year. The report shall include-- (1) an evaluation of the justification for exempting activities pursuant to section 4(c); and (2) a schedule for the transfer of commercial activities to the private sector, pursuant to section 4(d), to be completed within 5 years after the date on which such report is transmitted to the Congress.

Freedom from Government Competition Act of 2009 - Requires each executive or military department or independent establishment to obtain all goods and services necessary for or beneficial to the accomplishment of its authorized functions by procurement from private sources, except if: (1) such goods or services are required by law to be produced or performed by such agency; or (2) the head of the agency determines and certifies that federal production or performance is necessary for the national defense or homeland security, that a good or service is so inherently governmental in nature that it is in the public interest to require production or performance by government employees, or that there is no private source capable of providing the good or service. Requires such private sector provision of goods and services to be performed through: (1) the divestiture of federal involvement; (2) the award of a contract using competitive procedures; (3) converting an activity to performance by a qualified firm under at least 51% ownership by an Indian tribe or a Native Hawaiian Organization; or (4) conducting a public-private competitive sourcing analysis in accordance with Office of Management and Budget (OMB) procedures and determining that using the private sector is in the best interest of the United States and provides the best value to the taxpayer. Authorizes an agency head to utilize federal employees to provide goods or services previously provided by a private sector entity upon completion of a public-private competitive sourcing analysis and after determining that provision by federal employees provides the best value. Requires the Director to carry out a study, in conjunction with the Comptroller General, to evaluate the activities carried out in each agency.

To require that the Federal Government procure from the private sector the goods and services necessary for the operations and management of certain Government agencies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United Nations Accountability Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) There have been allegations of mismanagement, fraud, and corruption in the United Nations Oil-for-Food program. (2) The United Nations Office of Internal Oversight Services (OIOS) conducted audits of the United Nations Oil-for- Food program. (3) These OIOS audits identified mismanagement and ``uneconomical'' arrangements in the contract entered into by the United Nations for the provision of independent Oil-for- Food inspection agents in Iraq, and observed that the contractor providing inspection services in Iraq on behalf of the United Nations ``had not fully performed its contractual duties''. (4) The ``overall conclusion'' of the OIOS audit was that ``management of the Contract'' had ``not been adequate and certain provisions of the contract had not been adhered to''. (5) Specifically, the OIOS audit concluded the contractor failed to maintain inspection agents at staffing levels required by the contract, overcharged the United Nations, engaged in ``unprofessional conduct'', and reported figures for goods as having arrived that were vastly different than the figures reported by the United Nations. (6) The OIOS concluded that the United Nations Office of Iraq Programs needed ``to strengthen its management of contracts'', had failed to designate anyone in Iraq to manage the contract, and that in the ``absence of a contract manager'', the United Nations Office of Iraq Programs had ``no assurance that the services provided were in consonance with the spirit and letter of the contract''. (7) It has been and continues to be the policy and practice of the United Nations not to release OIOS audit reports to member states. (8) The United Nations has denied the United States access to OIOS audits of the Oil-for-Food Program both during and after the life of the program, despite repeated requests by the United States for access to such audits. (9) The ability of member states to fulfill their responsibilities in connection with United Nations programs is undermined by the nondisclosure policy of the United Nations barring full and timely access by member states to OIOS audit reports. SEC. 3. ACCOUNTABILITY AND TRANSPARENCY MEASURES FOR THE UNITED NATIONS. (a) Access by Member States to OIOS Audits.--Congress urges the President to instruct the Permanent Mission of the United States to the United Nations to use the voice and vote of the United States to seek to ensure the United Nations has procedures in place to ensure that all reports prepared by the OIOS are made available, in a timely fashion, fully and without modification (except to the extent necessary to protect the privacy rights of individuals) to member states of the United Nations. (b) Report on Financial Disclosure Requirements of United Nations Officials.--Not later than 180 days after the date of the enactment of this Act, the Department of State shall submit to the appropriate congressional committees a report assessing the adequacy of financial disclosure rules and practices for United Nations officials together with recommendations for any needed reforms identified in the course of the assessment. SEC. 4. DEFINITIONS. In this Act: (1) Oil-for-food program.--The term ``oil-for-food program'' means the program established and administered pursuant to United Nations Security Council Resolution 986 (April 14, 1995) and subsequent United Nations resolutions to permit the sale of petroleum products exported from Iraq and to use the revenue generated from such sale for humanitarian assistance. (2) Office of internal oversight services.--The term ``Office of Internal Oversight Services'' means the United Nations office established by General Assembly resolution 48/ 218 B (July 29, 1994), and charged with assisting in the internal oversight responsibilities of the Secretary General by monitoring program implementation and by conducting management audits, reviews, and surveys. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives, the Committee on Government Reform of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Governmental Affairs of the Senate.

United Nations Accountability Act of 2004 - States that Congress urges the President to instruct the Permanent Mission of the United States to the United Nations (UN) to seek to ensure that all UN Office of Internal Oversight Services are made available to member nations. Directs the Secretary of State to report on UN officials' financial disclosure requirements.

To provide for increased accountability and transparency in the United Nations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer-Teacher Protection Act of 2004''. SEC. 2. REDUCTION OF SPECIAL ALLOWANCE PAYMENTS FOR LOANS FROM THE PROCEEDS OF TAX EXEMPT ISSUES. Section 438(b)(2)(B) (20 U.S.C. 1087-1(b)(2)(B)) is amended-- (1) in clause (i), by striking ``this division'' and inserting ``this clause''; (2) in clause (ii), by striking ``division (i) of this subparagraph'' and inserting ``clause (i) of this subparagraph''; (3) in clause (iv), by inserting ``or refunded after September 30, 2004, and before January 1, 2006,'' after ``October 1, 1993,''; and (4) by adding at the end the following new clause: ``(v) Notwithstanding clauses (i) and (ii), the quarterly rate of the special allowance shall be the rate determined under subparagraph (A), (E), (F), (G), (H), or (I) of this paragraph, or paragraph (4), as the case may be, for a holder of loans that-- ``(I) were made or purchased with funds-- ``(aa) obtained from the issuance of obligations the income from which is excluded from gross income under the Internal Revenue Code of 1986 and which obligations were originally issued before October 1, 1993; or ``(bb) obtained from collections or default reimbursements on, or interest or other income pertaining to, eligible loans made or purchased with funds described in division (aa), or from income on the investment of such funds; and ``(II) are-- ``(aa) financed by such an obligation that, after September 30, 2004, and before January 1, 2006, has matured or been retired or defeased; ``(bb) refinanced after September 30, 2004, and before January 1, 2006, with funds obtained from a source other than funds described in subclause (I) of this clause; or ``(cc) sold or transferred to any other holder after September 30, 2004, and before January 1, 2006.''. SEC. 3. LOAN FORGIVENESS FOR TEACHERS. (a) Implementing Highly Qualified Teacher Requirements.-- (1) Amendments.-- (A) FFEL loans.--Section 428J(b)(1) of the Higher Education Act of 1965 (20 U.S.C. 1078-10(b)(1)) is amended-- (i) in subparagraph (A), by inserting ``and'' after the semicolon; and (ii) by striking subparagraphs (B) and (C) and inserting the following: ``(B) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 9101 of the Elementary Secondary Education Act of 1965; and''. (B) Direct loans.--Section 460(b)(1)(A) of such Act (20 U.S.C. 1087j(b)(1)(A)) is amended-- (i) in clause (i), by inserting ``and'' after the semicolon; and (ii) by striking clauses (ii) and (iii) and inserting the following: ``(ii) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 9101 of the Elementary and Secondary Education Act of 1965; and''. (2) Transition rule.-- (A) Rule.--The amendments made by paragraph (1) of this subsection to sections 428J(b)(1) and 460(b)(1)(A) of the Higher Education Act of 1965 shall not be applied to disqualify any individual who, before the date of enactment of this Act, commenced service that met and continues to meet the requirements of such sections as such sections were in effect on the day before the date of enactment of this Act. (B) Rule not applicable to increased qualified loan amounts.--Subparagraph (A) of this paragraph shall not apply for purposes of obtaining increased qualified loan amounts under sections 428J(c)(3) and 460(c)(3) of the Higher Education Act of 1965 as added by subsection (b) of this section. (b) Additional Amounts Eligible to Be Repaid.-- (1) FFEL loans.--Section 428J(c) of the Higher Education Act of 1965 (20 U.S.C. 1078-10(c)) is amended by adding at the end the following: ``(3) Additional amounts for teachers in mathematics, science, or special education.--Notwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall repay under this section shall be not more than $17,500 in the case of-- ``(A) a secondary school teacher-- ``(i) who meets the requirements of subsection (b); and ``(ii) whose qualifying employment for purposes of such subsection is teaching mathematics or science on a full- time basis; and ``(B) an elementary school or secondary school teacher-- ``(i) who meets the requirements of subsection (b); ``(ii) whose qualifying employment for purposes of such subsection is as a special education teacher whose primary responsibility is to provide special education to children with disabilities (as those terms are defined in section 602 of the Individuals with Disabilities Education Act); and ``(iii) who, as certified by the chief administrative officer of the public or non-profit private elementary school or secondary school in which the borrower is employed, is teaching children with disabilities that correspond with the borrower's special education training and has demonstrated knowledge and teaching skills in the content areas of the elementary school or secondary school curriculum that the borrower is teaching.''. (2) Direct loans.--Section 460(c) of the Higher Education Act of 1965 (20 U.S.C. 1087j(c)) is amended by adding at the end the following: ``(3) Additional amounts for teachers in mathematics, science, or special education.--Notwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall cancel under this section shall be not more than $17,500 in the case of-- ``(A) a secondary school teacher-- ``(i) who meets the requirements of subsection (b)(1); and ``(ii) whose qualifying employment for purposes of such subsection is teaching mathematics or science on a full- time basis; and ``(B) an elementary school or secondary school teacher-- ``(i) who meets the requirements of subsection (b)(1); ``(ii) whose qualifying employment for purposes of such subsection is as a special education teacher whose primary responsibility is to provide special education to children with disabilities (as those terms are defined in section 602 of the Individuals with Disabilities Education Act); and ``(iii) who, as certified by the chief administrative officer of the public or non-profit private elementary school or secondary school in which the borrower is employed, is teaching children with disabilities that correspond with the borrower's special education training and has demonstrated knowledge and teaching skills in the content areas of the elementary school or secondary school curriculum that the borrower is teaching.''. (3) Effective date.--The amendments made by this subsection shall apply only with respect to eligible individuals who are new borrowers (as such term is defined in 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) on or after October 1, 1998, and before October 1, 2005. (c) Information on Benefits to Rural School Districts.--The Secretary shall-- (1) notify local educational agencies eligible to participate in the Small Rural Achievement Program authorized under subpart 1 of part B of title VI of the Elementary and Secondary Education Act of 1965 of the benefits available under the amendments made by this section; and (2) encourage such agencies to notify their teachers of such benefits. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Taxpayer-Teacher Protection Act of 2004 - (Sec. 2) Amends the Higher Education Act of 1965 (HEA) to reduce certain special allowance payments to holders of student loans. Sets a quarterly rate of special allowance for holders of loans that meet certain criteria. Includes among such criteria that such loans be: (1) financed through tax-exempt securities that have matured or been retired or defeased after September 30, 2004, and before January 1, 2006 (the period); (2) refinanced during the period with funds from another source; or (3) sold or transferred to any other holder during the period. (Sec. 3) Revises HEA to require all teachers eligible for student loan forgiveness to be highly qualified, in keeping with requirements under the Elementary and Secondary Education Act of 1965 (ESEA). Exempts from this requirement teachers who have already begun their teaching service obligation under the current loan forgiveness program. States that such exemption shall not apply for purposes of obtaining certain increased amounts of student loan forgiveness. Provides for such additional amounts of student loan forgiveness for certain eligible teachers of: (1) mathematics or science in secondary schools; and (2) special education in elementary and secondary schools. Increases to $17,500 the maximum amount of loan forgiveness for such teachers under the Federal Family Education Loan and the Federal Direct Student Loan programs (with the current maximum of $5,000 continuing to apply to eligible elementary and secondary teachers of other subjects). Directs the Secretary to notify local educational agencies eligible to participate in the ESEA's Small Rural Achievement Program of the increased amounts of student loan forgiveness made available to certain teachers by this Act, and to encourage such agencies to notify their teachers of such benefits.

To reduce certain special allowance payments and provide additional teacher loan forgiveness on Federal student loans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Annuities for Federal Employees Act of 2012''. SEC. 2. RETIREMENT CONTRIBUTIONS. (a) Civil Service Retirement System.-- (1) Individual contributions.--Section 8334(c) of title 5, United States Code, is amended-- (A) by striking ``(c) Each'' and inserting ``(c)(1) Each''; and (B) by adding at the end the following: ``(2) Notwithstanding any other provision of this subsection, the applicable percentage of basic pay under this subsection shall, for purposes of computing an amount-- ``(A) for a period in calendar year 2013, 2014, or 2015, be equal to the applicable percentage under this subsection for the preceding calendar year (including as increased under this paragraph, if applicable), plus an additional 0.5 percentage point; and ``(B) for a period in any calendar year after 2015, be equal to the applicable percentage under this subsection for calendar year 2015 (as determined under subparagraph (A)).''. (2) Government contributions.--Section 8334(a)(1)(B) of title 5, United States Code, is amended-- (A) in clause (i), by striking ``Except as provided in clause (ii),'' and inserting ``Except as provided in clause (ii) or (iii),''; and (B) by adding at the end the following: ``(iii) The amount to be contributed under clause (i) shall, with respect to a period in any year beginning after December 31, 2012, be equal to-- ``(I) the amount which would otherwise apply under clause (i) with respect to such period, reduced by ``(II) the amount by which, with respect to such period, the withholding under subparagraph (A) exceeds the amount which would otherwise have been withheld from the basic pay of the employee or elected official involved under subparagraph (A) based on the percentage applicable under subsection (c) for calendar year 2012.''. (b) Federal Employees' Retirement System.--Section 8422(a)(3) of title 5, United States Code, is amended-- (1) by striking ``(3) The'' and inserting ``(3)(A) The''; and (2) by adding at the end the following: ``(B) Notwithstanding any other provision of this paragraph, the applicable percentage under this paragraph shall, for purposes of computing any amount-- ``(i) for a period in calendar year 2013, 2014, or 2015, be equal to the applicable percentage under this paragraph for the preceding calendar year (including as increased under this subparagraph, if applicable), plus an additional 0.5 percentage point; and ``(ii) for a period in any calendar year after 2015, be equal to the applicable percentage under this paragraph for calendar year 2015 (as determined under clause (i)).''. SEC. 3. AMENDMENTS RELATING TO SECURE ANNUITY EMPLOYEES. (a) Definition of Secure Annuity Employee.--Section 8401 of title 5, United States Code, is amended-- (1) in paragraph (35), by striking ``and'' at the end; (2) in paragraph (36), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(37) the term `secure annuity employee' means an employee or Member who-- ``(A) first becomes subject to this chapter after December 31, 2012; and ``(B) at the time of first becoming subject to this chapter, does not have at least 5 years of civilian service creditable under the Civil Service Retirement System or any other retirement system for Government employees.''. (b) Individual Contributions.--Section 8422(a)(3) of title 5, United States Code (as amended by section 2(b)) is further amended-- (1) in subparagraph (B) (as added by section 2(b)), in the matter before clause (i), by striking ``this paragraph, the'' and inserting ``this paragraph and except in the case of a secure annuity employee, the''; and (2) by adding after subparagraph (B) (as so added) the following: ``(C) Notwithstanding any other provision of this paragraph, in the case of a secure annuity employee, the applicable percentage under this paragraph shall-- ``(i) in the case of a secure annuity employee who is an employee, Congressional employee, or Member, be equal to 10.2 percent; and ``(ii) in the case of a secure annuity employee who is a law enforcement officer, firefighter, member of the Capitol Police, member of the Supreme Court Police, air traffic controller, nuclear materials courier, or customs and border protection officer, be equal to 10.7 percent.''. (c) Average Pay.--Section 8401(3) of title 5, United States Code, is amended-- (1) by striking ``(3)'' and inserting ``(3)(A)''; and (2) by adding ``except that'' after the semicolon; and (3) by adding at the end the following: ``(B) in the case of a secure annuity employee, the term `average pay' has the meaning determined applying subparagraph (A)-- ``(i) by substituting `5 consecutive years' for `3 consecutive years'; and ``(ii) by substituting `5 years' for `3 years'.''. (d) Computation of Basic Annuity.--Section 8415 of title 5, United States Code, is amended-- (1) by striking subsections (a) through (e) and inserting the following: ``(a) Except as otherwise provided in this section, the annuity of an employee retiring under this subchapter is-- ``(1) in the case of an employee other than a secure annuity employee, 1 percent of that individual's average pay multiplied by such individual's total service; and ``(2) in the case of an employee who is a secure annuity employee, 0.7 percent of that individual's average pay multiplied by such individual's total service. ``(b)(1) The annuity of a Member, or former Member with title to a Member annuity, retiring under this subchapter is computed under subsection (a)(1), except that if the individual has had at least 5 years of service as a Member or Congressional employee, or any combination thereof, so much of the annuity as is computed with respect to either such type of service (or a combination thereof), not exceeding a total of 20 years, shall be computed by multiplying 1.7 percent of the individual's average pay by the years of such service. ``(2) The annuity of a Member, or former Member with title to a Member annuity, retiring under this subchapter is, if the individual is or was a secure annuity employee, computed-- ``(A) under subsection (a)(2); and ``(B) disregarding paragraph (1) of this subsection. ``(c)(1) The annuity of a Congressional employee, or former Congressional employee, retiring under this subchapter is computed under subsection (a)(1), except that if the individual has had at least 5 years of service as a Congressional employee or Member, or any combination thereof, so much of the annuity as is computed with respect to either such type of service (or a combination thereof), not exceeding a total of 20 years, shall be computed by multiplying 1.7 percent of the individual's average pay by the years of such service. ``(2) The annuity of a Congressional employee, or former Congressional employee, retiring under this subchapter is, if the individual is or was a secure annuity employee, computed-- ``(A) under subsection (a)(2); and ``(B) disregarding paragraph (1) of this subsection. ``(d) The annuity of an employee retiring under subsection (d) or (e) of section 8412 or under subsection (a), (b), or (c) of section 8425 is-- ``(1) in the case of an individual other than a secure annuity employee-- ``(A) 1.7 percent of that individual's average pay multiplied by so much of such individual's total service as does not exceed 20 years; plus ``(B) 1 percent of that individual's average pay multiplied by so much of such individual's total service as exceeds 20 years; and ``(2) in the case of an individual who is a secure annuity employee-- ``(A) 1.4 percent of that individual's average pay multiplied by so much of such individual's total service as does not exceed 20 years; plus ``(B) 0.7 percent of that individual's average pay multiplied by so much of such individual's total service as exceeds 20 years. ``(e) The annuity of an air traffic controller or former air traffic controller retiring under section 8412(a) is computed under subsection (a)(1), except that if the individual has had at least 5 years of service as an air traffic controller as defined by section 2109(1)(A)(i), so much of the annuity as is computed with respect to such type of service shall be computed-- ``(1) in the case of an individual other than a secure annuity employee, by multiplying 1.7 percent of the individual's average pay by the years of such service; and ``(2) in the case of an individual who is a secure annuity employee, by multiplying 1.4 percent of the individual's average pay by the years of such service.''; and (2) in subsection (h)-- (A) in paragraph (1), by striking ``subsection (a)'' and inserting ``subsection (a)(1)''; and (B) in paragraph (2), in the matter following subparagraph (B), by striking ``or customs and border protection officer'' and inserting ``customs and border protection officer, or secure annuity employee.''. SEC. 4. ANNUITY SUPPLEMENT. Section 8421(a) of title 5, United States Code, is amended-- (1) in paragraph (1), by striking ``paragraph (3)'' and inserting ``paragraphs (3) and (4)''; (2) in paragraph (2), by striking ``paragraph (3)'' and inserting ``paragraphs (3) and (4)''; and (3) by adding at the end the following: ``(4)(A) Except as provided in subparagraph (B), no annuity supplement under this section shall be payable in the case of an individual whose entitlement to annuity is based on such individual's separation from service after December 31, 2012. ``(B) Nothing in this paragraph applies in the case of an individual separating under subsection (d) or (e) of section 8412.''. SEC. 5. CONTRIBUTIONS TO THRIFT SAVINGS FUND OF PAYMENTS FOR ACCRUED OR ACCUMULATED LEAVE. (a) Amendments Relating to CSRS.--Section 8351(b) of title 5, United States Code, is amended-- (1) by striking paragraph (2)(A) and inserting the following: ``(2)(A) An employee or Member may contribute to the Thrift Savings Fund in any pay period any amount of such employee's or Member's basic pay for such pay period, and may contribute (by direct transfer to the Fund) any part of any payment that the employee or Member receives for accumulated and accrued annual or vacation leave under section 5551 or 5552. Notwithstanding section 2105(e), in this paragraph the term `employee' includes an employee of the United States Postal Service or of the Postal Regulatory Commission.''; (2) by striking subparagraph (B) of paragraph (2); and (3) by redesignating subparagraph (C) of paragraph (2) as subparagraph (B). (b) Amendments Relating to FERS.--Section 8432(a) of title 5, United States Code, is amended-- (1) by striking paragraphs (1) and (2) and inserting the following: ``(1) An employee or Member-- ``(A) may contribute to the Thrift Savings Fund in any pay period, pursuant to an election under subsection (b), any amount of such employee's or Member's basic pay for such pay period; and ``(B) may contribute (by direct transfer to the Fund) any part of any payment that the employee or Member receives for accumulated and accrued annual or vacation leave under section 5551 or 5552. ``(2) Contributions made under paragraph (1)(A) pursuant to an election under subsection (b) shall, with respect to each pay period for which such election remains in effect, be made in accordance with a program of regular contributions provided in regulations prescribed by the Executive Director.''; and (2) by adding at the end the following new paragraph: ``(4) Notwithstanding section 2105(e), in this subsection the term `employee' includes an employee of the United States Postal Service or of the Postal Regulatory Commission.''. (c) Regulations.--The Executive Director of the Federal Retirement Thrift Investment Board shall promulgate regulations to carry out the amendments made by this section. (d) Effective Date.--The amendments made by subsections (a) and (b) shall take effect one year after the date of the enactment of this section, or upon such earlier date as may be established by the Executive Director of the Federal Retirement Thrift Investment Board under the regulations promulgated pursuant to subsection (c). SEC. 6. COORDINATION WITH OTHER RETIREMENT SYSTEMS. (a) Foreign Service.--For provisions of law requiring maintenance of existing conformity-- (1) between the Civil Service Retirement System and the Foreign Service Retirement System, and (2) between the Federal Employees' Retirement System and the Foreign Service Pension System, see section 827 of the Foreign Service Act of 1980 (22 U.S.C. 4067). (b) CIARDS.-- (1) Compatibility with csrs.--For provisions of law relating to maintenance of existing conformity between the Civil Service Retirement System and the Central Intelligence Agency Retirement and Disability System, see section 292 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2141). (2) Applicability of fers.--For provisions of law providing for the application of the Federal Employees' Retirement System with respect to employees of the Central Intelligence Agency, see title III of the Central Intelligence Agency Retirement Act (50 U.S.C. 2151 and following). (c) TVA.--Section 3 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831b) is amended by adding at the end the following: ``(c) The chief executive officer shall prescribe any regulations which may be necessary in order to carry out the purposes of the Securing Annuities for Federal Employees Act of 2012 with respect to any defined benefit plan covering employees of the Tennessee Valley Authority.''.

Securing Annuities for Federal Employees Act of 2012 - Increases the employee contribution to the Civil Service Retirement System (CSRS) and to the Federal Employees Retirement System (FERS) by .5% of salary in each of calendar years 2013, 2014, and 2015. Reduces the employer contribution to CSRS and FERS by the amount of the increased employee contribution. Establishes new annuity computation rules for federal employees and Members of Congress who begin service after December 31, 2012, and who have less than five years of civilian service creditable under CSRS or any other retirement system for federal employees (secure annuity employees). Increases the employee contribution for secure annuity employees and calculates annuities for such employees based upon the average of their highest five years of salary (for current federal employees, the calculation is based on the highest three years of salary). Eliminates the FERS annuity supplement for employees not subject to mandatory retirement who separate from service after December 31, 2012. Allows federal employees, including employees of the U.S. Postal Service (USPS) and the Postal Regulatory Commission (PRC), and Members of Congress, to contribute payments received for accumulated and accrued annual or vacation leave to the Thrift Savings Fund.

To amend title 5, United States Code, to secure the annuities of Federal civilian employees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Earmark Elimination Act of 2011''. SEC. 2. PROHIBITING CONSIDERATION OF LEGISLATION CONTAINING EARMARKS. (a) Prohibition.-- (1) In general.--It shall not be in order in the House of Representatives to consider any bill, joint resolution, amendment, or conference report if the bill, joint resolution, amendment, or conference report, or any accompanying report or joint explanatory statement of managers, includes a congressional earmark, limited tax benefit, or limited tariff benefit. (2) Procedure.--If a point of order is raised under paragraph (1) with respect to a congressional earmark, limited tax benefit, or limited tariff benefit and the point of order is sustained, the congressional earmark, limited tax benefit, or limited tariff benefit shall be deemed to be stricken from the measure involved. (3) Special procedure for conference report and amendments between the houses.-- (A) In general.--If a point of order is raised and sustained under paragraph (1) with respect to a conference report or a motion that the House recede from its disagreement to a Senate amendment and concur therein, with or without amendment, then after disposition of all such points of order the conference report or motion, as the case may be, shall be considered as rejected and the matter remaining in disagreement shall be disposed of under subparagraph (B) or (C), as the case may be. (B) Conference reports.--After the House has sustained one or more points of order under paragraph (1) with respect to a conference report-- (i) if the conference report accompanied a House measure amended by the Senate, the pending question shall be whether the House shall recede and concur in the Senate amendment with an amendment consisting of so much of the conference report as was not rejected; and (ii) if the conference report accompanied a Senate measure amended by the House, the pending question shall be whether the House shall insist further on the House amendment. (C) Motions.--After the House has sustained one or more points of order under paragraph (1) with respect to a motion that the House recede and concur in a Senate amendment, with or without amendment, the following motions shall be privileged and shall have precedence in the order stated: (i) A motion that the House recede and concur in the Senate amendment with an amendment in writing then available on the floor. (ii) A motion that the House insist on its disagreement to the Senate amendment and request a further conference with the Senate. (iii) A motion that the House insist on its disagreement to the Senate amendment. (b) Determination by House.--If a point of order is raised under this section and the Chair is unable to ascertain whether a provision constitutes a congressional earmark, limited tax benefit, or limited tariff benefit, the Chair shall put the question to the House and the question shall be decided without debate or intervening motion. (c) Conforming Amendment.--Rule XXI of the Rules of the House of Representatives is amended by striking clause 9. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``congressional earmark'' means a provision or report language included primarily at the request of a Member, Delegate, Resident Commissioner, or Senator providing, authorizing or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality or Congressional district, other than through a statutory or administrative formula-driven or competitive award process; (2) the term ``limited tax benefit'' means-- (A) any revenue-losing provision that-- (i) provides a Federal tax deduction, credit, exclusion, or preference to 10 or fewer beneficiaries under the Internal Revenue Code of 1986, and (ii) contains eligibility criteria that are not uniform in application with respect to potential beneficiaries of such provision; or (B) any Federal tax provision which provides one beneficiary temporary or permanent transition relief from a change to the Internal Revenue Code of 1986; and (3) the term ``limited tariff benefit'' means a provision modifying the Harmonized Tariff Schedule of the United States in a manner that benefits 10 or fewer entities.

Earmark Elimination Act of 2011 - Makes it out of order in the House of Representatives to consider a bill, joint resolution, or any other measure that includes a congressional earmark or limited tax or tariff benefit. Makes a conforming amendment to Rule XXI (Restrictions on Certain Bills) of the Rules of the House of Representatives.

To prohibit the consideration in the House of Representatives of any legislation containing an earmark.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Mental Health Trust Land Exchange Act of 2016''. SEC. 2. FINDING; PURPOSE. (a) Finding.--Congress finds that the exchange of land between the Alaska Mental Health Trust and the Secretary of Agriculture authorized by this Act is in the public interest. (b) Purpose.--The purpose of this Act is to provide for the exchange of land between the Alaska Mental Health Trust and the Secretary of Agriculture-- (1) to preserve the scenic and visual backdrops of southeastern Alaska communities, while creating economic opportunities in more remote areas of the State of Alaska; (2) to secure Federal ownership and protection of non- Federal land in the State of Alaska that has significant natural, scenic, recreational, and other public values; and (3) to contribute to the goals and objectives of timber management in the Tongass National Forest. SEC. 3. DEFINITIONS. In this Act: (1) Alaska mental health trust.--The term ``Alaska Mental Health Trust'' means the Alaska Mental Health Trust Authority, an agency of the State. (2) Federal land.--The term ``Federal land'' means the National Forest System land depicted on the maps in Exhibit B of the agreement between the Forest Service and the Alaska Mental Health Trust entitled ``Alaska Mental Health Land Exchange, Agreement to Initiate, Case No. 5x-18''. (3) Non-federal land.--The term ``non-Federal land'' means the parcels of Alaska Mental Health Trust land that are depicted on the maps in Exhibit A of the agreement between the Forest Service and the Alaska Mental Health Trust entitled ``Alaska Mental Health Land Exchange, Agreement to Initiate, Case No. 5x-18''. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (5) State.--The term ``State'' means the State of Alaska. SEC. 4. LAND EXCHANGE. (a) In General.--If the Alaska Mental Health Trust offers to convey to the Secretary all right, title, and interest of the Alaska Mental Health Trust in and to the non-Federal land-- (1) the Secretary, on completion of the environmental reviews described in subsection (b), shall convey to the Alaska Mental Health Trust all right, title, and interest of the United States in and to the Federal land; and (2) the Alaska Mental Health Trust, on receipt of title to the Federal land under paragraph (1), shall convey to the Secretary all right, title, and interest of the Alaska Mental Health Trust in and to the non-Federal land, subject to subsection (c). (b) Compliance With Applicable Law.--Before carrying out the land exchange under subsection (a), the Secretary shall complete any necessary land surveys and required pre-exchange clearances, reviews, mitigation activities, and approvals relating to-- (1) threatened and endangered species; (2) cultural and historic resources; (3) wetland and floodplains; and (4) hazardous materials. (c) Conditions on Acceptance.--Title to any non-Federal land conveyed by the Alaska Mental Health Trust to the Secretary under subsection (a)(2) shall be in a form that-- (1) is acceptable to the Secretary, in the case of non- Federal land to be administered by the Forest Service; and (2) conforms to the title approval standards of the Attorney General applicable to land acquisitions by the Federal Government. (d) Appraisals.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary and the Alaska Mental Health Trust shall select an appraiser to conduct appraisals of the Federal land and non-Federal land. (2) Requirements.-- (A) In general.--Except as provided in subparagraph (B), an appraisal required under this subsection shall be conducted in accordance with national recognized appraisal standards, including-- (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice. (B) Final appraised value.-- (i) In general.--During the 3-year period beginning on the date on which the final appraised values of the Federal land and non- Federal land are approved by the Secretary, the Secretary shall not be required to reappraise or update the final appraised values of the Federal land and non-Federal land. (ii) Exchange agreement.--After the date on which an exchange agreement is entered into by the Alaska Mental Health Trust and the Secretary in accordance with section 254.14 of title 36, Code of Federal Regulations (or a successor regulation), no reappraisal or updates to the final appraised values of the Federal land and non-Federal land approved by the Secretary shall be required. (3) Public review.--Before carrying out the land exchange under subsection (a), the Secretary shall make the appraisals of the Federal land and non-Federal land available for public review. (e) Equal Value Land Exchange.-- (1) In general.--The value of the Federal land and non- Federal land to be exchanged under subsection (a) shall-- (A) be equal; or (B) be equalized in accordance with this subsection. (2) Surplus of federal land value.-- (A) In general.--If the final appraised value of the Federal land exceeds the final appraised value of the non-Federal land, the Alaska Mental Health Trust shall-- (i) convey additional non-Federal land in the State to the Secretary, consistent with the requirements of this Act; (ii) make a cash payment to the United States; or (iii) use a combination of the methods described in clauses (i) and (ii), as agreed to by the Alaska Mental Health Trust and the Secretary. (B) Amount of payment.--Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may accept a payment under subparagraph (A) in excess of 25 percent of the total value of the Federal land or Federal interests conveyed. (3) Surplus of non-federal land.--If the final appraised value of the non-Federal land exceeds the value of the Federal land, parcels of the non-Federal land may be excluded from the exchange in a quantity sufficient to result in an equal value exchange. (f) Costs.--As a condition of the exchange of Federal land and non- Federal land authorized under subsection (a), the Alaska Mental Health Trust shall agree to pay, without compensation, all costs that are associated with the exchange. (g) Intent of Congress.--It is the intent of Congress that the land exchange authorized under subsection (a) shall be completed not later than 1 year after the date of enactment of this Act. SEC. 5. MANAGEMENT OF NON-FEDERAL LAND. (a) In General.--On acquisition of the non-Federal land by the Secretary under section 4, the non-Federal land shall-- (1) become part of the Tongass National Forest; and (2) be administered in accordance with the laws applicable to the National Forest System. (b) Boundary Revision.--On acquisition of the non-Federal land by the Secretary under section 4, the boundaries of the Tongass National Forest shall be modified to reflect the inclusion of the non-Federal land. (c) Land and Water Conservation Fund.--For purposes of section 200306(a)(2)(B)(i) of title 54, United States Code, the boundaries of the Tongass National Forest, as modified under subsection (b), shall be considered to be the boundaries of the Tongass National Forest as in existence on January 1, 1965. SEC. 6. WITHDRAWAL. Subject to valid existing rights, the non-Federal land acquired by the Secretary under section 4 is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and geothermal leasing laws. SEC. 7. MISCELLANEOUS PROVISIONS. (a) Revocation of Orders; Withdrawal.-- (1) Revocation of orders.--Any public land order that withdraws the Federal land from appropriation or disposal under a public land law shall be revoked to the extent necessary to permit conveyance of the land. (2) Withdrawal.-- (A) In general.--If the Federal land or any Federal interest in the non-Federal land to be exchanged under this Act is not withdrawn or segregated from entry and appropriation under a public land law (including logging and mineral leasing laws and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.)) as of the date of enactment of this Act, the Federal land or Federal interest in the non-Federal land shall be withdrawn, without further action by the Secretary, from entry and appropriation on the date of enactment of this Act. (B) Termination.--The withdrawal under subparagraph (A) shall be terminated-- (i) on the date of the completion of the exchange of Federal land and non-Federal land under section 4; or (ii) if the Alaska Mental Health Trust notifies the Secretary in writing that the Alaska Mental Health Trust elects to withdraw from the land exchange under section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)), on the date on which the Secretary receives the notice of the election. (b) Maps, Estimates, and Descriptions.-- (1) Minor errors.--The Secretary and the Alaska Mental Health Trust, by mutual agreement, may correct any minor errors in any map, acreage estimate, or description of any land conveyed or exchanged under this Act. (2) Conflict.--If there is a conflict between a map, acreage estimate, or description of land in this Act, the map shall control unless the Secretary and the Alaska Mental Health Trust mutually agree otherwise. (3) Availability.--On the date of enactment of this Act, the Secretary shall file and make available for public inspection in the office of the Supervisor of the Tongass National Forest each map referred to in this Act.

Alaska Mental Health Trust Land Exchange Act of 2016 This bill directs the Department of Agriculture (USDA), if the Alaska Mental Health Trust Authority offers to convey to it certain nonfederal land, to convey certain federal land to the Trust Authority in exchange. Before carrying out the land exchange, USDA shall complete any necessary land surveys and required pre-exchange clearances, mitigation activities, and approvals related to: threatened and endangered species, cultural and historic resources, wetland and floodplains, and hazardous materials. USDA and the Trust Authority shall select an appraiser to conduct appraisals of the federal and nonfederal lands in accordance with nationally recognized standards. The Trust Authority shall agree to pay, without compensation, all costs associated with the exchange. Upon acquisition by USDA, the nonfederal land shall become part of Tongass National Forest, and shall be withdrawn from: entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under the mineral leasing, mineral materials, and geothermal leasing laws.

Alaska Mental Health Trust Land Exchange Act of 2016

SECTION 1. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES AND STANDARDS. (a) Updating National Model Building Energy Codes and Standards.-- (1) Updating.-- (A) In general.--The Secretary shall facilitate the updating of national model building energy codes and standards at least every 3 years to achieve overall energy savings, compared to the 2006 International Energy Conservation Code (referred to in this section as the ``IECC'') for residential buildings and ASHRAE/ IES Standard 90.1 (2004) for commercial buildings, of at least-- (i) 30 percent by 2015; and (ii) 50 percent by 2022. (B) Modification of goal.--If the Secretary determines that the goal referred to in subparagraph (A)(ii) cannot be achieved using existing technology, or would not be lifecycle cost effective, the Secretary shall establish, after providing notice and an opportunity for public comment, a revised goal that ensures the maximum level of energy efficiency that is technologically feasible and lifecycle cost effective. (2) Revision of codes and standards.-- (A) In general.--If the IECC or ASHRAE/IES Standard 90.1 regarding building energy use is revised, not later than 1 year after the date of the revision, the Secretary shall determine whether the revision will-- (i) improve energy efficiency in buildings; and (ii) meets the targets established under paragraph (1). (B) Revision by secretary.-- (i) In general.--If the Secretary makes a determination under subparagraph (A)(ii) that a code or standard does not meet the targets established under paragraph (1), or if a national model code or standard is not updated for more than 3 years, not later than 2 years after the determination or the expiration of the 3-year period, the Secretary shall amend the IECC or ASHRAE/IES Standard 90.1 (as in effect on the date on which the determination is made) to establish a modified code or standard that meets the targets established under paragraph (1). (ii) Baseline.--The modified code or standard shall serve as the baseline for the next determination under subparagraph (A)(i). (C) Notice and comment.--The Secretary shall-- (i) publish in the Federal Register notice of targets, determinations, and modified codes and standards under this subsection; and (ii) provide the opportunity for public comment on targets, determinations, and modified codes and standards under this subsection. (b) State Certification of Building Energy Code Updates.-- (1) State certification.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, each State shall certify to the Secretary that the State has reviewed and updated the residential and commercial building code of the State regarding energy efficiency. (B) Energy savings.--The certification shall include a demonstration that the code of the State-- (i) meets or exceeds the 2006 IECC for residential buildings and the ASHRAE/IES Standard 90.1-2004 for commercial buildings; or (ii) achieves equivalent or greater energy savings. (2) Revision of codes and standards.-- (A) In general.--If the Secretary makes an affirmative determination under subsection (a)(2)(A)(i) or establishes a modified code or standard under subsection (a)(2)(B), not later than 2 years after the determination or proposal, each State shall certify that the State has reviewed and updated the building code of the State regarding energy efficiency. (B) Energy savings.--The certification shall include a demonstration that the code of the State-- (i) meets or exceeds the revised code or standard; or (ii) achieves equivalent or greater energy savings. (C) Review and updating by states.--If the Secretary fails to make a determination under subsection (a)(2)(A)(i) by the date specified in subsection (a)(2) or makes a negative determination under subsection (a)(2)(A), not later 3 years after the specified date or the date of the determination, each State shall certify that the State has-- (i) reviewed the revised code or standard; and (ii) updated the building code of the State regarding energy efficiency to-- (I) meet or exceed any provisions found to improve energy efficiency in buildings; or (II) achieve equivalent or greater energy savings in other ways. (c) State Certification of Compliance With Building Codes.-- (1) In general.--Not later than 3 years after a certification of a State under subsection (b), the State shall certify that the State has achieved compliance with the certified building energy code. (2) Rate of compliance.--The certification shall include documentation of the rate of compliance based on independent inspections of a random sample of the new and renovated buildings covered by the code during the preceding year. (3) Compliance.--A State shall be considered to achieve compliance with the certified building energy code under paragraph (1) if-- (A) at least 90 percent of new and renovated buildings covered by the code during the preceding year substantially meet all the requirements of the code; or (B) the estimated excess energy use of new and renovated buildings that did not meet the code during the preceding year, compared to a baseline of comparable buildings that meet the code, is not more than 10 percent of the estimated energy use of all new and renovated buildings covered by the code during the preceding year. (d) Failure To Meet Deadlines.-- (1) Reports.--A State that has not made a certification required under subsection (b) or (c) by the applicable deadline shall submit to the Secretary a report on-- (A) the status of the State with respect to completing and submitting the certification; and (B) a plan of the State for completing and submitting the certification. (2) Extensions.--The Secretary shall permit an extension of an applicable deadline for a certification requirement under subsection (b) or (c) for not more than 1 year if a State demonstrates in the report of the State under paragraph (1) that the State has made-- (A) a good faith effort to comply with the requirements; and (B) significant progress in complying with the requirements, including by developing and implementing a plan to achieve that compliance. (3) Noncompliance by state.--Any State for which the Secretary has not accepted a certification by a deadline established under subsection (b) or (c), with any extension granted under paragraph (2), shall be considered not in compliance with this section. (4) Compliance by local governments.--In any State that is not in compliance with this section, a local government of the State may comply with this section by meeting the certification requirements under subsections (b) and (c). (5) Annual compliance reports.-- (A) In general.--The Secretary shall annually submit to Congress a report that contains, and publish in the Federal Register, a list of-- (i) each State (including local governments in a State, as applicable) that is in compliance with the requirements of this section; and (ii) each State that is not in compliance with those requirements. (B) Inclusion.--For each State included on a list described in subparagraph (A)(ii), the Secretary shall include an estimate of-- (i) the increased energy use by buildings in that State due to the failure of the State to comply with this section; and (ii) the resulting increase in energy costs to individuals and businesses. (e) Technical Assistance.-- (1) In general.--The Secretary shall provide technical assistance (including building energy analysis and design tools, building demonstrations, and design assistance and training) to enable the national model building energy codes and standards to meet the targets established under subsection (a)(1). (2) Assistance to states.--The Secretary shall provide technical assistance to States to-- (A) implement this section, including procedures for States to demonstrate that the codes of the States achieve equivalent or greater energy savings than the national model codes and standards; (B) improve and implement State residential and commercial building energy efficiency codes; and (C) otherwise promote the design and construction of energy efficient buildings. (f) Availability of Incentive Funding.-- (1) In general.--The Secretary shall provide incentive funding to States to-- (A) implement this section; and (B) improve and implement State residential and commercial building energy efficiency codes, including increasing and verifying compliance with the codes. (2) Factors.--In determining whether, and in what amount, to provide incentive funding under this subsection, the Secretary shall consider the actions proposed by the State to-- (A) implement this section; (B) improve and implement residential and commercial building energy efficiency codes; and (C) promote building energy efficiency through the use of the codes. (3) Additional funding.--The Secretary shall provide additional funding under this subsection for implementation of a plan to achieve and document at least a 90 percent rate of compliance with residential and commercial building energy efficiency codes, based on energy performance-- (A) to a State that has adopted and is implementing, on a statewide basis-- (i) a residential building energy efficiency code that meets or exceeds the requirements of the 2006 IECC, or any succeeding version of that code that has received an affirmative determination from the Secretary under subsection (a)(2)(A)(i); and (ii) a commercial building energy efficiency code that meets or exceeds the requirements of the ASHRAE/IES Standard 90.1- 2004, or any succeeding version of that standard that has received an affirmative determination from the Secretary under subsection (a)(2)(A)(i); or (B) in a State in which there is no statewide energy code either for residential buildings or for commercial buildings, to a local government that has adopted and is implementing residential and commercial building energy efficiency codes, as described in subparagraph (A). (4) Training.--Of the amounts made available under this subsection, the Secretary may use to train State and local officials to implement codes described in paragraph (3) at least $500,000 for each fiscal year. (5) Authorization of appropriations.-- (A) In general.--There are authorized to be appropriated to carry out this subsection-- (i) $25,000,000 for each of fiscal years 2006 through 2010; and (ii) such sums as are necessary for fiscal year 2011 and each fiscal year thereafter. (B) Limitation.--Funding provided to States under paragraph (3) for each fiscal year shall not exceed \1/ 2\ of the excess of funding under this subsection over $5,000,000 for the fiscal year. (g) Technical Correction.--Section 303 of the Energy Conservation and Production Act (42 U.S.C. 6832) is amended by adding at the end the following: ``(17) IECC.--The term `IECC' means the International Energy Conservation Code.''.

Requires the Secretary of Energy to facilitate the updating of national model building energy codes and standards at least every three years to achieve overall energy savings, compared to the 2006 International Energy Conservation Code (IECC) for residential buildings and ASHRAE/IES Standard 90.1 for commercial buildings, of at least 30% by 2015 and 50% by 2022. Requires the Secretary, if the 2022 target cannot be achieved using existing technology or would not be lifecycle effective, to establish a revised target that ensures the maximum level of energy efficiency in buildings that is technologically feasible and lifecycle cost effective. Requires the Secretary: (1) to determine if a revision to the IECC or ASHRAE/IES Standard 90.1 will improve energy efficiency in buildings and meet such energy savings targets; and (2) if a code or standard does not meet the targets or if a code or standard is not updated for more than three years, to amend the IECC or ASHRAE/IES Standard 90.1 to establish a modified code or standard that meets the targets. Requires the Secretary to provide notice and an opportunity to comment on the targets, determinations, and modified codes and standards. Sets forth requirements for state certifications regarding the energy efficiency of, and compliance with, state residential and commercial building codes. Requires the Secretary to provide: (1) technical assistance to enable the national model building energy codes and standards to meet the targets; (2) assistance to states to comply with this Act; and (3) incentive funding to states to improve and implement building energy efficiency codes.

A bill to require updating of State building energy efficiency codes and standards.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Trade Facilitation Act''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds the following: (1) Pursuant to article I, section 8, clause 3 of the Constitution of the United States, Congress has the authority to establish negotiating objectives for the United States for agreements related to agricultural trade. (2) From 2008 to 2010, the value of United States agricultural exports averaged nearly $107 billion annually. Compared to 1998 to 2000, when the total value of agricultural exports averaged $51,000,000,000 annually, United States agricultural exports have more than doubled in past ten years. (3) The Department of Agriculture's Economic Research Service reports that each $1,000,000,000 in United States agricultural exports supports approximately 8,400 jobs. The Economic Research Service further reports that United States agricultural exports supported nearly 830,000 full-time American jobs both on and off-farm in 2009. (4) Even as the importance of agricultural exports to the United States economy grows, there are continued reports that non science-based sanitary and phytosanitary measures are restricting trade, acting as non-tariff barriers to trade. The elimination and reduction of unwarranted sanitary and phytosanitary barriers to trade will increase United States agricultural exports and jobs. (5) Sanitary and phytosanitary measures are those designed ``to protect human, animal or plant life or health from risks'' arising from additives, contaminants, pests, toxins, diseases, or disease-carrying and causing organisms in foods, beverages, feedstuffs, animals, or plants. Sanitary and phytosanitary measures can take such forms as specific product or processing standards, requirements for products to be produced in disease- free areas, quarantine regulations, certification or inspection procedures, sampling and testing requirements, health-related labeling measures, maximum permissible pesticide residue levels, and prohibitions on certain food additives. (6) There are currently 37 active disputes involving sanitary and phytosanitary measures being argued within the World Trade Organization (WTO) between Member countries. These cases have been invoked under the WTO Agreement on the Application of Sanitary and Phytosanitary Measures. (7) While the Agreement on the Application of Sanitary and Phytosanitary Measures, to which all WTO Member countries are parties, explicitly recognizes the rights of each country to take their own measures, they must be science-based and applied only to the extent necessary to protect human, animal or plant health, and cannot be arbitrary or used to unjustifiably discriminate domestically or between trading partners. Member countries are also encouraged to observe established and recognized international standards. Improper use of measures can create substantial, if not complete, barriers to United States exports when they are disguised barriers to trade, are not supported by science, or are otherwise unwarranted. (8) In 2010, a United States interagency group led by the Department of Agriculture's Foreign Agricultural Service, reviewed more than 1,000 notifications from 50 countries as required under the Agreement on the Application of Sanitary and Phytosanitary Measures. The United States Government commented on 173 proposed or in-force sanitary and phytosanitary measures. Nearly one-half of the comments were measures regarding processed products, one-third addressed requirements for live animals and fish (and their products, including dairy products); and almost one-quarter were for measures that introduced new standards or entry requirements for plants, bulk commodities (including those made with biotechnology), and horticultural products. (9) Each year, the United States Trade Representative reports that non science-based sanitary and phytosanitary trade barriers continue to threaten, constrain, or block United States agricultural exports. (10) A Department of Agriculture study of the impact of foreign technical trade barriers on United States agricultural exports reported the presence of ``questionable technical barriers'' in more than 60 countries affecting trade in more than 300 agricultural products, valued at an estimated $5 billion of United States agricultural, forestry, and fishery exports using 1996 data, accounting for about 7 percent of total agricultural exports during that year. Although more recent formal estimates of United States agricultural trade effects are not available, the United States Trade Representative continues to assert: ``[Sanitary and phytosanitary] trade barriers prevent U.S. producers from shipping hundreds of millions of dollars worth of goods, hurting farms and small businesses''. (11) The improper use of sanitary and phytosanitary trade barriers to trade can be reduced through achieving and implementing agreements that provide for enhanced harmonization, transparency, equivalency, improved regulatory practices, and more efficient and effective dispute settlement. The elimination and reduction in use of such barriers to trade will strengthen the international trading system by providing certainty, predictability, and fair treatment. (12) The Agreement on the Application of Sanitary and Phytosanitary Measures has proven valuable to United States exporters, but experience has exposed certain inadequacies in its rules. (13) Accordingly, as the United States prepares for future trade agreements, the Administration must prioritize further strengthening of rules on sanitary and phytosanitary measures. SEC. 3. TRADE NEGOTIATING OBJECTIVES OF THE UNITED STATES WITH RESPECT TO THE APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES TO AGRICULTURAL PRODUCTS. (a) Overall Trade Negotiating Objectives.--The overall trade negotiating objective of the United States with respect to the application of sanitary and phytosanitary measures to agricultural products for trade agreements between the United States and foreign countries is to secure more open, equitable, and reciprocal market access by strengthening the rules governing the application of sanitary and phytosanitary measures to agricultural products. (b) Principal Trade Negotiating Objectives.--The principal trade negotiating objectives of the United States with respect to the application of sanitary and phytosanitary measures to agricultural products are the following: (1) To strengthen the requirement that the application of measures is based on scientific evidence by requiring parties to the agreement to make available their risk assessments and provide a science-based justification for regulations, in particular in cases in which measures are more restrictive than international standards. (2) To encourage parties to the agreement to participate actively in the development of international standards relating to the application of measures and to apply those standards whenever it is appropriate to do so and to require parties to provide a scientific justification whenever they apply a standard that deviates from an established international standard. (3) To improve regulatory coherence and increase the use of systems-based approaches, to require parties to the agreement to evaluate on a timely basis the health and safety protection systems of other parties and to allow imports of products if the system of the exporting party meets or exceeds the end- product standards of the importing party. (4) To require greater transparency in the development and implementation of the measures, to require parties to the agreement to publish proposed measures, including a scientific justification, to provide an opportunity for interested parties to comment on the proposal, and to take into account reasonable concerns, and to require parties to provide significant advance notice before implementing new, non-emergency measures in order to provide ample time for any necessary adjustments by industry in order to come into compliance. (5) To require parties to the agreement to carry out risk analysis in a timely manner consistent with the guidelines developed by relevant international organizations, to ensure that risk assessments are based on the most relevant scientific data, to require parties to consider the full range of risk management options and to ensure that the measures are no more trade-restrictive than necessary to meet the intended purpose, and to require effective risk communication. (6) To improve rules governing the testing of imported products, to require importing parties to use validated test methods and to provide importers with the right to a confirmatory test, and to provide the right of appeal. (7) To promote the harmonization of export certification requirements and to require that parties to the agreement limit information requirements on export documents to that which is necessary to determine whether a product meets sanitary and phytosanitary standards. (8) To ensure that new sanitary and phytosanitary trade obligations are fully enforceable through an a more efficient and effective dispute settlement process. SEC. 4. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act takes effect on the date of the enactment of this Act and applies with respect to negotiations entered into before, on, or after such date of enactment for any trade agreement relating to the application of sanitary and phytosanitary measures to agricultural products. (b) Exception.--This Act does not apply with respect to negotiations for any of the following: (1) The United States-Colombia Trade Promotion Agreement. (2) The United States-Korea Free Trade Agreement. (3) The United States-Panama Trade Promotion Agreement. (4) The Doha Development Round of the World Trade Organization.

Agricultural Trade Facilitation Act - States that the overall trade negotiating objective of the United States with respect to the application of sanitary and phytosanitary measures to agricultural products for trade agreements between the United States and foreign countries is to secure more open and reciprocal market access by strengthening the rules governing such measures' application to agricultural products. States that the principal trade negotiating objectives of the United States with respect to the application of sanitary and phytosanitary measures to agricultural products are to: (1) strengthen the requirement that the application of such measures is based on scientific evidence, (2) encourage parties to an agreement to participate actively in the development of international standards relating to such measures' application, (3) improve regulatory coherence and increase the use of systems-based approaches, (4) require greater transparency in such measures' development and implementation, (5) require parties to an agreement to carry out risk analysis in a timely manner consistent with international guidelines, (6) improve rules governing the testing of imported products, (7) promote harmonization of export certification requirements, and (8) ensure that new sanitary and phytosanitary trade obligations are fully enforceable through an effective dispute settlement process. Makes this Act inapplicable to negotiations for: (1) The United States-Colombia Trade Promotion Agreement, (2) The United States-Korea Free Trade Agreement, (3) The United States-Panama Trade Promotion Agreement, and (4) The Doha Development Round of the World Trade Organization.

To establish trade negotiating objectives of the United States with respect to the application of sanitary and phytosanitary measures to agricultural products to facilitate trade in agriculture, and for other purposes.

SECTION 1. SHORT TITLE; REFERENCES TO FAIR ACT OF 1998. (a) Short Title.--This Act may be cited as the ``Federal Activities Inventory Reform Act Amendments of 2000''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Activities Inventory Reform Act of 1998 (Public Law 105-270; 112 Stat. 2382; 31 U.S.C. 501 note). SEC. 2. ANNUAL LISTS OF GOVERNMENT ACTIVITIES. (a) Lists To Include Inherently Governmental Activities.-- Subsection (a) of section 2 is amended by inserting before the period at the end of the first sentence the following: ``and those activities performed by Federal Government sources for the executive agency that, in that official's judgment, are inherently governmental functions''. (b) Descriptive and Explanatory Matters To Be Included.--Such subsection is further amended-- (1) by redesignating paragraph (3) as paragraph (5); (2) by inserting after paragraph (2) the following new paragraphs (3) and (4): ``(3) A description of the activity, including-- ``(A) a narrative description of the activity; ``(B) the product or service code, if any, that would be assigned to the activity under the Federal Procurement Data System if the activity were performed in the private sector; and ``(C) the Standard Industrial Classification code, if any, that would be assigned to the activity if the activity were performed in the private sector. ``(4) The organization within the executive agency that is performing the activity, or for which the activity is performed, and the location of that organization.''; and (3) by adding at the end the following: ``(6) The identity of any provision of law or other authority that, except for subsection (f), would expressly or impliedly exempt the executive agency from the requirements of this section or of Office of Management and Budget Circular A- 76 with respect to any activity that is not an inherently governmental activity, together with a discussion of the rationale for that exemption.''. (c) Deadlines for Publication of Lists and Changes.--Subsection (c) of such section is amended-- (1) in paragraph (1)(B), by striking ``promptly'' and inserting ``, not later than 30 working days after receiving the list,''; and (2) in paragraph (2)(B), by inserting after ``(B)'' the following: ``not later than 30 working days after the date of the final decision to make the change,''. SEC. 3. NOTIFICATION OF AFFECTED EMPLOYEES. Section 2 is further amended by adding at the end the following: ``(f) Notification of Affected Employees.--At the same time that the Director of the Office of Management and Budget publishes a notice of the availability of a list of an executive agency under subsection (c)(1), the head of the executive agency shall notify each employee of the executive agency employed in an activity listed as not being an inherently governmental function that the activity may be converted to performance by a private sector source.''. SEC. 4. COMPETITION REQUIREMENTS. (a) Use of Competitive Procedures.-- (1) Requirement.--The second sentence of section 2(d) is amended by striking ``use a competitive process'' and all that follows and inserting ``select the source using competitive procedures applicable to the executive agency's procurements.'' (2) Competitive procedures defined.--Section 5 is amended by adding at the end the following: ``(3) Competitive procedures.--The term `competitive procedures' has the meaning given that term in section 2302(2) of title 10, United States Code, and section 309(b) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 259(b)).''. (b) Cost Comparisons.--Section 2(e) is amended to read as follows: ``(e) Cost Comparisons.-- ``(1) Realistic and fair cost comparisons.--Before determining to contract with a private sector source for the performance of an executive agency activity on the basis of a comparison of the costs of procuring services from such a source with the cost of performing that activity by the executive agency, the head of the executive agency shall ensure that-- ``(A) the cost comparison was conducted in accordance with-- ``(i) Office of Management and Budget Circular A-76; and ``(ii) any provision of law that is applicable to the cost comparison, including (if applicable) title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.) relating to architectural and engineering services (including surveying and mapping services); ``(B) all costs have been considered, including the costs of quality assurance, technical monitoring of the performance of such activity, liability insurance, employee retirement and disability benefits, and all other overhead costs; and ``(C) the costs considered are realistic and fair. ``(2) Exemption.--Notwithstanding any other provision of law, the performance of an activity that is not an inherently governmental function may be converted to performance by a private sector source without a cost comparison if the activity is performed by fewer than 10 full-time employees of the United States (or the equivalent in part-time employees or in a combination of full-time and part-time employees).''. SEC. 5. INAPPLICABILITY OF EXEMPTIONS IN OTHER LAWS. Section 2 is amended by adding at the end the following: ``(f) Exemptions Inapplicable.--The head of each executive agency shall carry out this Act notwithstanding any other provision of law that expressly or impliedly exempts that executive agency from developing an inventory of activities that are not inherently governmental functions and are performed by the executive agency or by Federal Government sources for the executive agency. The head of the executive agency shall include in the annual list prepared under subsection (a) a notation of each such exemption that, except for the preceding sentence, would otherwise apply to the executive agency or any such function.''. SEC. 6. PERFORMANCE FOR OTHER GOVERNMENTAL ORGANIZATIONS. (a) Limitations.--Section 2, as amended by section 5, is further amended by adding at the end the following: ``(g) Limitations on Performance for Other Governmental Organizations.-- ``(1) Federal agencies.--An activity that is not an inherently governmental function may not be performed for an executive agency by another Federal Government source under section 1535 of title 31, United States Code, unless, within three years before the order for that activity is placed with the other Federal Government source under that section, performance of that activity by the executive agency has been justified pursuant to a competition carried out under Office of Management and Budget Circular A-76. ``(2) State and local governments.--The head of an executive agency may not take any action under section 6505 of title 31, United State Code, to perform for the benefit of an agency of a State or a political subdivision of a State an activity that is not an inherently governmental function unless the head of the executive agency has first-- ``(A) solicited offers for the performance of that activity in accordance with section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) and section 8(e) of the Small Business Act (15 U.S.C. 637(e)); and ``(B) determined on the basis of the response to the solicitation that no responsible private sector source is available to meet the needs of the executive agency for the performance of that activity for the executive agency.''. (b) State Defined.--Section 5, as amended by section 4(a)(2) of this Act, is further amended by adding at the end the following: ``(4) State.--The term `State', includes the District of Columbia, the Commonwealth of Puerto Rico, and the United States Virgin Islands.''. SEC. 7. CHALLENGES TO THE LIST. (a) Matters Subject to Challenge.--Section 3(a) is amended by striking ``or an inclusion of a particular activity on,'' and inserting ``an inclusion of a particular activity on, or the classification of any activity on''. (b) Revision of Deadlines.--Section 3 is amended-- (1) in subsection (c), by striking ``30 days'' and inserting ``90 working days''; (2) in subsection (d), by striking ``28 days'' and inserting ``28 working days''; and (3) in subsection (e)(2), by striking ``10 days'' and inserting ``10 working days''. (c) Publication of Resolution of Challenges.--Section 3 is amended by adding at the end the following: ``(f) Publication of Resolution of Challenges.--Not later than 30 working days after the head of an executive agency makes a decision on an appeal under subsection (e), the head of the executive agency shall publish in the Federal Register the following: ``(1) Final list.--A final version of the list that was challenged. ``(2) Schedule for review of list.--A schedule for the review to be conducted of such list under section 2(d), together with a description of the intended review.''. (d) Working Days Defined.--Section 5, as amended by section 6(b) of this Act, is further amended by adding at the end the following: ``(5) Working day.--The term `working day', in the administration of sections 2 and 3 with respect to a list of an executive agency, means a day on which the headquarters of the executive agency is open for the conduct of the executive agency's business.''. SEC. 8. PROHIBITION ON CONVERSION TO PERFORMANCE BY FEDERAL PRISON INDUSTRIES. Section 4 is amended by adding at the end the following: ``(c) Prohibited Conversion.--The performance of an activity of an executive agency that is not an inherently government function may not be converted to performance by a government corporation provided for under chapter 307 of title 18, United States Code.''. SEC. 9. INHERENTLY GOVERNMENTAL FUNCTION NOT TO INCLUDE RESEARCH AND DEVELOPMENT. Section 5(2)(C) is amended-- (1) by striking ``or'' at the end of clause (i); (2) by striking the period at the end of clause (ii) and inserting ``; or''; and (3) by adding at the end the following: ``(iii) the conduct of research and development.''. SEC. 10. PRIVATE SECTOR SOURCE DEFINED. Section 5, as amended by section 7(d) of this Act, is further amended by adding at the end the following: ``(6) Private sector source.--The term `private sector source' means a person lawfully engaged in business for profit in the United States.''. SEC. 11. REPORT ON PORTABILITY OF FEDERAL PENSION BENEFITS. (a) Requirement.--Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit to Congress a report on the portability of Federal pension benefits. The report shall contain-- (1) an evaluation of current Federal law, policies, and procedures relating to the conversion by Federal Government employees of their Federal pension benefits to private sector pension plans upon the transition of such employees from Federal Government employment to private sector employment; (2) a discussion of any impediments to the conversion of Federal pension benefits as described in paragraph (1); (3) an analysis of the scoring, under the Congressional Budget Act of 1974, of the conversion of Federal pension benefits as so described; and (4) recommendations of the Director for any legislation required to permit the ready conversion of Federal pension benefits as so described. (b) Consultation.--The Director of the Office of Management and Budget shall consult with the Director of the Office of Personnel Management and other appropriate interested parties in preparing the report required by subsection (a).

Requires notification to agency employees who are engaged in an activity listed as not being inherently governmental that such activity may be converted to performance by a private source. Requires competitive procedures to be used when considering contracting with a private source for the performance of an activity that is not inherently governmental. Requires OMB Circular A-76 and applicable Federal laws to be followed in cost comparisons of performing a function within the executive agency versus through a private source. Allows an activity not inherently governmental to be performed by a private source without a cost comparison if the activity is currently performed by fewer than ten full-time Federal employees. Prohibits an agency activity not inherently governmental from being performed by another Federal source unless, within three years prior, performance of such activity has been justified pursuant to Federal competitive procedures. Prohibits the performance within State or local agencies of an activity not inherently governmental unless the head of such agency has first: (1) solicited offers for performance of such activity under Federal procurement requirements; and (2) determined that no responsible private source is available to meet the agency's needs with respect to that activity. Allows an interested party to submit to an executive agency a challenge of the classification of any activity on a list for which a notice of public availability has been published. Revises publication deadlines. Prohibits the conversion of agency performance of an activity not inherently governmental to performance by a Federal Prison Industries government corporation. Excludes research and development from consideration as an inherently governmental function. Requires the OMB Director to report to Congress on the portability of Federal pension benefits.

Federal Activities Inventory Reform Act Amendments of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Blackfoot River Land Exchange Act of 2014''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress finds that-- (1) the Shoshone-Bannock Tribes, a federally recognized Indian tribe with tribal headquarters at Fort Hall, Idaho-- (A) adopted a tribal constitution and bylaws on March 31, 1936, that were approved by the Secretary of the Interior on April 30, 1936, pursuant to the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the ``Indian Reorganization Act''); (B) has entered into various treaties with the United States, including the Second Treaty of Fort Bridger, executed on July 3, 1868; and (C) has maintained a continuous government-to- government relationship with the United States since the earliest years of the Union; (2)(A) in 1867, President Andrew Johnson designated by Executive order the Fort Hall Reservation for various bands of Shoshone and Bannock Indians; (B) the Reservation is located near the cities of Blackfoot and Pocatello in southeastern Idaho; and (C) article 4 of the Second Treaty of Fort Bridger secured the Reservation as a ``permanent home'' for the Shoshone- Bannock Tribes; (3)(A) according to the Executive order referred to in paragraph (2)(A), the Blackfoot River, as the river existed in its natural state-- (i) is the northern boundary of the Reservation; and (ii) flows in a westerly direction along that northern boundary; and (B) within the Reservation, land use in the River watershed is dominated by-- (i) rangeland; (ii) dry and irrigated farming; and (iii) residential development; (4)(A) in 1964, the Corps of Engineers completed a local flood protection project on the River-- (i) authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 170); and (ii) sponsored by the Blackfoot River Flood Control District No. 7; (B) the project consisted of building levees, replacing irrigation diversion structures, replacing bridges, and channel realignment; and (C) the channel realignment portion of the project severed various parcels of land located contiguous to the River along the boundary of the Reservation, resulting in Indian land being located north of the Realigned River and non-Indian land being located south of the Realigned River; (5) beginning in 1999, the Cadastral Survey Office of the Bureau of Land Management conducted surveys of-- (A) 25 parcels of Indian land; and (B) 19 parcels of non-Indian land; and (6) the enactment of this Act and separate agreements of the parties would represent a resolution of the disputes described in subsection (b)(1) among-- (A) the Tribes; (B) the allottees; and (C) the non-Indian landowners. (b) Purposes.--The purposes of this Act are-- (1) to resolve the land ownership and land use disputes resulting from realignment of the River by the Corps of Engineers during calendar year 1964 pursuant to the project described in subsection (a)(4)(A); and (2) to achieve a final and fair solution to resolve those disputes. SEC. 3. DEFINITIONS. In this Act: (1) Allottee.--The term ``allottee'' means an heir of an original allottee of the Reservation who owns an interest in a parcel of land that is-- (A) held in trust by the United States for the benefit of the allottee; and (B) located north of the Realigned River within the exterior boundaries of the Reservation. (2) Blackfoot river flood control district no. 7.--The term ``Blackfoot River Flood Control District No. 7'' means the governmental subdivision in the State of Idaho, located at 75 East Judicial, Blackfoot, Idaho, that-- (A) is responsible for maintenance and repair of the Realigned River; and (B) represents the non-Indian landowners relating to the resolution of the disputes described in section 2(b)(1) in accordance with this Act. (3) Indian land.--The term ``Indian land'' means any parcel of land that is-- (A) held in trust by the United States for the benefit of the Tribes or the allottees; (B) located north of the Realigned River; and (C) identified in exhibit A of the survey of the Bureau of Land Management entitled ``Survey of the Blackfoot River of 2002 to 2005'', which is located at-- (i) the Fort Hall Indian Agency office of the Bureau of Indian Affairs; and (ii) the Blackfoot River Flood Control District No. 7. (4) Non-indian land.--The term ``non-Indian land'' means any parcel of fee land that is-- (A) located south of the Realigned River; and (B) identified in exhibit B, which is located at the areas described in clauses (i) and (ii) of paragraph (3)(C). (5) Non-indian landowner.--The term ``non-Indian landowner'' means any individual who holds fee title to non- Indian land and is represented by the Blackfoot River Flood Control District No. 7 for purposes of this Act. (6) Realigned river.--The term ``Realigned River'' means that portion of the River that was realigned by the Corps of Engineers during calendar year 1964 pursuant to the project described in section 2(a)(4)(A). (7) Reservation.--The term ``Reservation'' means the Fort Hall Reservation established by Executive order during calendar year 1867 and confirmed by treaty during calendar year 1868. (8) River.--The term ``River'' means the Blackfoot River located in the State of Idaho. (9) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (10) Tribes.--The term ``Tribes'' means the Shoshone- Bannock Tribes. SEC. 4. RELEASE OF CLAIMS TO CERTAIN INDIAN AND NON-INDIAN OWNED LANDS. (a) Release of Claims.--Effective on the date of enactment of this Act-- (1) all existing and future claims with respect to the Indian land and the non-Indian land and all right, title, and interest that the Tribes, allottees, non-Indian landowners, and the Blackfoot River Flood Control District No. 7 may have had to that land shall be extinguished; (2) any interest of the Tribes, the allottees, or the United States, acting as trustee for the Tribes or allottees, in the Indian land shall be extinguished under section 2116 of the Revised Statutes (commonly known as the ``Indian Trade and Intercourse Act'') (25 U.S.C. 177); and (3) to the extent any interest in non-Indian land transferred into trust pursuant to section 5 violates section 2116 of the Revised Statutes (commonly known as the ``Indian Trade and Intercourse Act'') (25 U.S.C. 177), that transfer shall be valid, subject to the condition that the transfer is consistent with all other applicable Federal laws (including regulations). (b) Documentation.--The Secretary may execute and file any appropriate documents (including a plat or map of the transferred Indian land) that are suitable for filing with the Bingham County clerk or other appropriate county official, as the Secretary determines necessary to carry out this Act. SEC. 5. NON-INDIAN LAND TO BE PLACED INTO TRUST FOR TRIBES. Effective on the date of enactment of this Act, the non-Indian land shall be considered to be held in trust by the United States for the benefit of the Tribes. SEC. 6. TRUST LAND TO BE CONVERTED TO FEE LAND. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall transfer the Indian land to the Blackfoot River Flood Control District No. 7 for use or sale in accordance with subsection (b). (b) Use of Land.-- (1) In general.--The Blackfoot River Flood Control District No. 7 shall use any proceeds from the sale of land described in subsection (a) according to the following priorities: (A) To compensate, at fair market value, each non- Indian landowner for the net loss of land to that non- Indian landowner resulting from the implementation of this Act. (B) To compensate the Blackfoot River Flood Control District No. 7 for any administrative or other expenses relating to carrying out this Act. (2) Remaining land.--If any land remains to be conveyed or proceeds remain after the sale of the land, the Blackfoot River Flood Control District No. 7 may dispose of that remaining land or proceeds as the Blackfoot River Flood Control District No. 7 determines to be appropriate. SEC. 7. EFFECT ON ORIGINAL RESERVATION BOUNDARY. Nothing in this Act affects the original boundary of the Reservation, as established by Executive order during calendar year 1867 and confirmed by treaty during calendar year 1868. SEC. 8. EFFECT ON TRIBAL WATER RIGHTS. Nothing in this Act extinguishes or conveys any water right of the Tribes, as established in the agreement entitled ``1990 Fort Hall Indian Water Rights Agreement'' and ratified by section 4 of the Fort Hall Indian Water Rights Act of 1990 (Public Law 101-602; 104 Stat. 3060). SEC. 9. DISCLAIMERS REGARDING CLAIMS. Nothing in this Act-- (1) affects in any manner the sovereign claim of the State of Idaho to title in and to the beds and banks of the River under the equal footing doctrine of the Constitution of the United States; (2) affects any action by the State of Idaho to establish the title described in paragraph (1) under section 2409a of title 28, United States Code (commonly known as the ``Quiet Title Act''); (3) affects the ability of the Tribes or the United States to claim ownership of the beds and banks of the River; or (4) extinguishes or conveys any water rights of non-Indian landowners or the claims of those landowners to water rights in the Snake River Basin Adjudication.

. Blackfoot River Land Exchange Act of 2014 - (Sec. 4) Extinguishes all claims and all right, title, and interest in specified Indian and non-Indian land as part of the settlement of disputes within the Fort Hall Indian Reservation of the Shoshone-Bannock Indian Tribes in Idaho resulting from the realignment of the Blackfoot River by the Corps of Engineers in 1964. (Sec. 5) Requires the non-Indian land to be held in trust by the United States for the Tribes. (Sec. 6) Directs the Secretary of the Interior to transfer the Indian land to the Blackfoot River Flood Control District No. 7 for use or sale. Requires any proceeds from the sale of the land to be used to compensate: (1) each non-Indian landowner at fair market value for his or her loss of land resulting from this Act's implementation, and (2) the Blackfoot River Flood Control District No. 7 for any expenses it incurs in carrying out this Act. Authorizes the Blackfoot River Flood Control District No. 7 to dispose of the land or proceeds that remain in any manner it determines to be appropriate.

Blackfoot River Land Exchange Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Efficiency and Savings in Government Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to require the General Services Administration to audit the energy performance of buildings owned by the General Services Administration and identify-- (A) steps that can be taken to improve energy efficiency and reduce costs; and (B) cost-savings that can be achieved by implementing energy efficiency measures; (2) to establish minimum efficiency standards for buildings leased by the Federal government; (3) to increase energy efficiency and reduce pollution; and (4) to require regular reporting to Congress and the public on the energy use of Federal buildings and the cost-savings and pollution reduction associated with efficiency measures. SEC. 3. ENERGY AUDITS OF PUBLIC BUILDINGS. (a) In General.--Not later than 1 year after the date of enactment of this Act, each energy manager (as defined in section 543(f)(1) of the National Energy Conservation Policy Act (42 U.S.C. 8253(f)(1))) of a building owned by the General Services Administration shall carry out an audit of that building that-- (1) identifies any modifications necessary to improve energy efficiency that, within 10 years of implementation, will result in energy cost savings equal to the total investment made; and (2) quantifies the estimated cost-savings associated with any energy efficiency improvements identified by the energy manager. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Administrator of General Services shall report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on-- (1) all efficiency improvements identified in the audits carried out under subsection (a); (2) the total estimated cost-savings associated with the efficiency improvements described in paragraph (1); and (3) the status of implementation of the efficiency improvements described in paragraph (1). SEC. 4. IMPROVING EFFICIENCY OF LEASED BUILDINGS. Section 435 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17091) is amended-- (1) in subsection (b)(2), by striking ``paragraph (2)'' and inserting ``paragraph (1)''; (2) by redesignating subsection (c) as subsection (f); and (3) by inserting after subsection (b) the following: ``(c) Other Efficiency Improvements.--In accordance with subsection (d), beginning 1 year after the date of enactment of the Promoting Efficiency and Savings in Government Act, each lease of a building or space in a building entered into by a Federal department or agency shall include, except under the conditions described in subparagraphs (B) through (D) of subsection (b)(1)-- ``(1) a maximum energy intensity standard; ``(2) a lighting efficiency requirement, accounting for appropriate task lighting; and ``(3) to the extent feasible, an incentive structure that allows the Federal department or agency leasing the building or space and the building owner to share the financial savings of efficiency investments and efficient operating practices. ``(d) Standards.-- ``(1) In general.--Not later than 180 days after the date of enactment of this subsection, the Administrator of General Services, on the advice of the Secretary, shall issue minimum standards under paragraphs (1) and (2) of subsection (c) that are designed to improve efficiency in a cost-effective manner. ``(2) Updates.--The Secretary shall periodically review the standards under paragraph (1) and make any recommendations to the Administrator of General Services for revisions that the Secretary determines to be appropriate. ``(e) Report.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection and every 2 years thereafter, the Director of the Office of Management and Budget, in coordination with the Administrator of General Services, shall submit to Congress a report describing-- ``(A) the implementation by each Federal department or agency of this section; and ``(B) the extent to which each Federal department or agency has achieved compliance with the applicable requirements and standards of this section. ``(2) Relationship to existing reports.--A report under paragraph (1) may be incorporated into a related or similar report of a Federal agency prepared by that Federal agency to meet other similar requirements.''. SEC. 5. LEASED BUILDING EFFICIENCY REPORTING. Section 3307(b) of title 40, United States Code, is amended by striking paragraph (7) and inserting the following: ``(7) with respect to any prospectus for the construction, alteration, or acquisition of any building or space to be leased, an assessment of the future energy performance and water efficiency of the building or space, including, to the maximum extent practicable-- ``(A) a description of the energy efficient and renewable energy systems, including photovoltaic systems, that are likely to be used in the construction, alteration, or acquisition of any building or space to be leased; ``(B) a description of the water saving technologies and systems that are likely to be used in the construction, alteration, or acquisition of any building or space to be leased; ``(C) the expected energy and water use intensity for the building or space, as compared to buildings of similar type and use; ``(D) a description of alternative workplace and other related strategies that are likely to be employed to minimize the space requirements and energy and water use of the building or space; ``(E) a description of the use of lifecycle cost analysis; and ``(F) if applicable, a description of any financing methods, such as energy service contracts, that are likely to be used for improvements described in subparagraphs (A) and (B).''. SEC. 6. REPORTING ON BUILDING ENERGY AND WATER EFFICIENCY. Section 436(f) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17092(f)) is amended-- (1) in paragraph (7), by striking ``and'' after the semicolon; (2) by redesignating paragraph (8) as paragraph (9); (3) by inserting after paragraph (7) the following: ``(8) summarizes the energy and water use of Federal buildings, including-- ``(A) energy and water use data by Department climate zone, building type, primary building use, agency, and building vintage; ``(B) data on-- ``(i) total energy usage and energy usage by heating, ventilation, and air-conditioning, water heating, lighting, plug-loads, and other subsystems; and ``(ii) cost savings attributable to energy and water efficiency measures; and ``(C) a description of the use of design or technological features that contribute to reductions in energy and water use, as determined to be appropriate for inclusion by the Federal Director; and''; and (4) in paragraph (9) (as redesignated by paragraph (2)), by striking ``(7)'' and inserting ``(8)''.

Promoting Efficiency and Savings in Government Act - Requires each energy manager of a building owned by the General Services Administration (GSA) to carry out an audit of that building that: (1) identifies any modification necessary to improve energy efficiency that, within 10 years of implementation, will result in energy cost savings equal to the total investment made; and (2) quantifies the estimated cost-savings associated with any identified efficiency improvements. Requires the Administrator of GSA to report on all efficiency improvements identified in the audit, the total estimated cost-savings associated with the efficiency improvements, and the status of implementation of the efficiency improvements. Requires each lease of a building or space entered into by a federal department or agency to include: (1) a maximum energy intensity standard; (2) a lighting efficiency requirement, accounting for appropriate task lighting; and (3) an incentive structure that allows a department or agency leasing the building or space and the building owner to share the financial savings of efficiency investments and efficient operating practices. Amends the Energy Independence and Security Act of 2007 to require the Federal Director of the Office of Federal High-Performance Green Buildings to include in the report to Congress a summary of the energy and water use of federal buildings.

Promoting Efficiency and Savings in Government Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Violence Against Women Veterans Act''. SEC. 2. PURPOSE. The purpose of this Act is to better integrate the medical, housing, mental health, and other benefits provided by the Department of Veterans Affairs (in this Act referred to as the ``Department'') with existing community-based domestic violence and sexual assault services-- (1) to provide a more efficient and coordinated network of support for veterans experiencing domestic violence or sexual assault; and (2) to better understand the impact of domestic violence and sexual assault on veterans, particularly female veterans. SEC. 3. PROGRAM TO ASSIST VETERANS WHO EXPERIENCE DOMESTIC VIOLENCE OR SEXUAL ASSAULT. (a) Program Required.--The Secretary of Veterans Affairs (in this Act referred to as the ``Secretary'') shall carry out a program to assist veterans that have experienced or are experiencing domestic violence or sexual assault in accessing benefits from the Department, including coordinating access to medical treatment centers, housing assistance, and other benefits from the Department. (b) Partnership.--The Secretary shall carry out the program under subsection (a) in partnership with-- (1) domestic violence shelters and programs; (2) rape crisis centers; (3) State domestic violence and sexual assault coalitions; and (4) such other health care or other service providers that serve domestic violence or sexual assault victims as determined by the Secretary, particularly those providing emergency services or housing assistance. (c) Authorized Activities.--In carrying out the program under subsection (a), the Secretary may conduct the following activities: (1) Training for community-based domestic violence or sexual assault service providers on-- (A) identifying veterans who have been victims of domestic violence or sexual assault; (B) coordinating with local service providers of the Department; and (C) connecting veterans with appropriate housing, mental health, medical, and other financial assistance or benefits from the Department. (2) Assistance to service providers to ensure access of veterans to domestic violence and sexual assault emergency services, particularly in underserved areas, including services for members of Indian tribes. (3) Such other outreach and assistance as the Secretary determines necessary for the provision of assistance under subsection (a). (d) Domestic Violence and Sexual Assault Outreach Coordinators.-- (1) In general.--In order to effectively assist veterans who have experienced domestic violence or sexual assault, the Secretary may establish local coordinators to provide outreach under the program required by subsection (a). (2) Local coordinator knowledge.--The Secretary shall ensure that each coordinator established under paragraph (1) is knowledgeable about-- (A) the dynamics of domestic violence and sexual assault, including safety concerns, legal protections, and the need for the provision of confidential services; (B) veteran eligibility for Department services and benefits relevant to recovery from domestic violence and sexual assault, particularly emergency housing assistance, mental health care, other health care, and disability benefits; and (C) local community resources addressing domestic violence and sexual assault. (3) Local coordinator assistance.--Each coordinator established under paragraph (1) shall assist domestic violence shelters and rape crisis centers in providing services to veterans. SEC. 4. NATIONAL TASK FORCE ON VETERANS EXPERIENCING DOMESTIC VIOLENCE OR SEXUAL ASSAULT. (a) In General.--The Secretary of Veterans Affairs, in consultation with the Attorney General and the Secretary of Health and Human Services, shall establish a national task force (in this section referred to as the ``Task Force'') to develop a comprehensive national program, including by integrating facilities, services, and benefits of the Department into existing networks of community-based domestic violence and sexual assault services, to address domestic violence and sexual assault among veterans. (b) Consultation With Stakeholders.--In carrying out this section, the Task Force shall consult with-- (1) representatives from not fewer than 3 national organizations and State coalitions with demonstrated expertise in domestic violence prevention, response, or advocacy; and (2) representatives from not fewer than 3 national organizations and State coalitions, particularly those representing underserved or ethnic minority communities, with demonstrated expertise in sexual assault prevention, response, or advocacy. (c) Duties.--The duties of the Task Force shall include the following: (1) To review existing services and policies of the Department and develop a comprehensive national program to address domestic violence and sexual assault prevention, response, and treatment. (2) To review the feasibility and advisability of establishing an expedited process to secure emergency, temporary benefits, including housing or other benefits, for veterans who are experiencing domestic violence or sexual assault. (3) To review and make recommendations regarding the feasibility and advisability of establishing dedicated, temporary housing assistance for veterans experiencing domestic violence or sexual assault. (4) To identify any requirements regarding domestic violence assistance or sexual assault response and services that are not being met by the Department and make recommendations on how the Department can meet such requirements. (5) To review and make recommendations regarding the feasibility and advisability of providing direct services or contracting for community-based services for veterans in response to a sexual assault, including through the use of sexual assault nurse examiners, particularly in underserved or remote areas, including services for members of Indian tribes. (6) To review the availability of counseling services provided by the Department and through peer network support, and to provide recommendations for the enhancement of such services, to address-- (A) the perpetration of domestic violence and sexual assault; and (B) the recovery of veterans, particularly female veterans, from domestic violence and sexual assault. (7) To review and make recommendations to expand services available for veterans at risk of perpetrating domestic violence. (d) Report.--Not later than one year after the date of the enactment of this Act, and not less frequently than annually thereafter, the Task Force shall submit to the Secretary and Congress a report on the activities of the Task Force, including any recommendations for legislative or administrative action. SEC. 5. NATIONAL BASELINE STUDY ON PROBLEM OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT AMONG VETERANS AND SPOUSES OF VETERANS. The Secretary, in consultation with the Attorney General, shall conduct a national baseline study to examine the scope of the problem of domestic violence and sexual assault among veterans and spouses of veterans.

Violence Against Women Veterans Act This bill requires the Department of Veterans Affairs (VA) to carry out a program to assist veterans who have experienced or are experiencing domestic violence or sexual assault in accessing benefits from the VA, including by coordinating access to medical treatment centers, housing assistance, and other benefits. The VA shall carry out the program in partnership with specified health care or other service providers that serve domestic violence or sexual assault victims. The VA may: (1) conduct training for community-based domestic violence or sexual assault service providers on identifying veterans who have been victims, coordinating with local VA service providers, and connecting veterans with appropriate VA housing, mental health, medical, and other financial assistance or benefits; and (2) provide assistance to service providers to ensure veterans access to domestic violence and sexual assault emergency services. The VA may establish local coordinators to provide outreach under such program and ensure that each coordinator is knowledgeable about: the dynamics of domestic violence and sexual assault, including safety concerns, legal protections, and the need for confidential services; veteran eligibility for VA services and benefits relevant to recovery from domestic violence and sexual assault; and local community resources addressing domestic violence and sexual assault. Each coordinator shall assist domestic violence shelters and rape crisis centers in providing services to veterans. The VA shall: (1) establish a national task force to develop a comprehensive national program to address domestic violence and sexual assault among veterans, and (2) conduct a national baseline study to examine the scope of the problem of domestic violence and sexual assault among veterans and spouses of veterans.

Violence Against Women Veterans Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Juvenile Justice and Delinquency Prevention Act Technical Amendments of 1993''. SEC. 2. AMENDMENTS TO THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974. The Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601-5785) is amended-- (1) in section 103-- (A) in paragraph (4) by inserting ``title I of'' before ``the Omnibus'' each place it appears, and (B) in paragraph (22) by redesignating subparagraphs (i), (ii), and (iii) as subparagraphs (A), (B), and (C), respectively, (2) in section 202(b) by striking ``prescribed for GS-18 of the General Schedule by section 5332'' and inserting ``payable under section 5376'', (3) in section 204 by redesignating subsections (h) and (i) as subsections (f) and (g), respectively, (4) in section 206(a)(2)-- (A) in subparagraph (A) by adding at the end the following: ``Except as provided in subparagraph (C), all members shall be appointed for a term of 3 years.'', and (B) in subparagraph (C)(i) by striking ``appointed'' the first place it appears and inserting ``first appointed to the Council'', (5) in section 223-- (A) in subsection (a)(14) by striking ``, beginning after the five-year period following December 8, 1980,'', (B) in subsection (c)(3)-- (i) in the matter preceding subparagraph (A) by striking ``the requirements of subsection (a), (12)(A), (13), (14), or (23)'' and inserting ``any requirement of paragraph (12)(A), (13), (14), or (23) of subsection (a)'', and (ii) in subparagraph (B)(i) by striking ``section 222 (c) and (d)'' and inserting ``subsections (c) and (d) of section 222'', and (C) in subsection (d) by striking ``subsection (a) (12)(A), (13), (14) and (23)'' each place it appears and inserting ``paragraphs (12)(A), (13), (14), and (23) of subsection (a)'', (6) in section 241(d)(2)-- (A) by inserting a comma after ``personnel'' the first place it appears, and (B) by striking ``personnel,,'' and inserting ``personnel,'', (7) in section 243(a)-- (A) in paragraph (3) by redesignating subparagraphs (i) and (ii) as subparagraphs (A) and (B), respectively, (B) in paragraph (7)(D) by inserting ``activities)'' after ``recreational'', (C) in paragraph (11) by striking ``and'' at the end, (D) by redesignating paragraphs (6) through (14) as paragraphs (7) through (15), respectively, and (E) by redesignating the second paragraph (5) as paragraph (6), (8) in section 244(3)-- (A) by inserting a comma after ``judges'', (B) by inserting a comma after ``prosecutors'', and (C) by striking ``attorneys,,'' and inserting ``attorneys,'', (9) in section 248(a)(2)(B)(ii) by striking ``for'' and inserting ``For'', (10) in section 261(a)-- (A) in paragraph (5)-- (i) by inserting ``(including self-help programs for parents)'' after ``programs'', and (ii) by inserting before the period at the end the following: ``, including programs that work with families during the incarceration of juvenile family members and that take into consideration the special needs of families with limited- English speaking ability'', and (B) in paragraph (7) by striking ``juveniles,'' and all that follows through the end of such paragraph, and inserting the following: ``juveniles; ``that targets juveniles who have had contact with the juvenile justice system or who are likely to have contact with such system.'', (11) in section 261(b)(5) by inserting ``, community service personnel,'' after ``law enforcement personnel'', (12) in section 281(a)(8) by striking ``substances analogues'' and inserting ``substance analogues'', (13) in subpart II of part D by inserting before section 282 the following: ``authority to make grants and contracts'', (14) in the first part I by inserting the following before section 291: ``authority to call and conduct conference'', (15) in section 291(c) by striking ``18 months'' and inserting ``48 months'', (16) by redesignating the second part I as part J, (17) in section 299(a)-- (A) in paragraph (1) by striking ``years 1993,'' and inserting ``fiscal year 1993 and such sums as may be necessary for fiscal years'', (B) in paragraph (2)(A) by moving the left margin of clauses (i) and (ii) 2 ems to the left, and (C) in paragraph (5) by striking ``(A) Subject to subparagraph (B)'' and inserting ``Subject to paragraph (2)(B)'', and (18) in section 299C(c)(2) by striking ``this paragraph'' and inserting ``paragraph (1)''. SEC. 3. EFFECTIVE DATES. (a) General Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Special Effective Date.--The amendments made by section 2(4) shall take effect on November 4, 1992. Passed the House of Representatives November 2, 1993. Attest DONNALD K. ANDERSON, Clerk.

Juvenile Justice and Delinquency Prevention Act Technical Amendments of 1993 - Makes technical amendments to the Juvenile Justice and Delinquency Prevention Act of 1974. Specifies that members of the Coordinating Council on Juvenile Justice and Delinquency Prevention shall be appointed for a term of three years, with exceptions. Extends the time under which a White House conference on juvenile justice can be convened from 18 to 48 months after enactment of reauthorizing legislation. Revises the authorization level under the reauthorizing legislation to such sums as are necessary for FY 1994 through 1996. Amends the Anti-Drug Abuse Act of 1988 to provide funding for FY 1995 for programs for drug education and prevention relating to youth gangs and programs for runaway and homeless youth. Requires the Director of the Federal Emergency Management Agency (FEMA) to pay to Benchmark Rail Group, Inc., of St. Louis, Missouri, an amount equal to the total amount owed to such Group by FEMA and the State of California in compensation for the emergency work and services performed at the request of the Southern California Regional Rail Authority to the extent that such work and services are otherwise eligible for reimbursement under the Robert T. Stafford Disaster and Emergency Assistance Act. Directs that the payment be made from funds appropriated to implement such Act. Requires FEMA to deobligate an equal amount to that previously obligated for payment to such State to cover the costs of work performed for the Authority by such Group after the Northridge earthquake which would have been eligible for reimbursement under such Act.

Juvenile Justice and Delinquency Prevention Act Technical Amendments of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hope for Children Act''. SEC. 2. EXPANSION OF ADOPTION CREDIT AND ADOPTION ASSISTANCE PROGRAMS. (a) In General.-- (1) Adoption credit.--Section 23(a)(1) of the Internal Revenue Code of 1986 (relating to allowance of credit) is amended to read as follows: ``(1) In general.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter-- ``(A) in the case of an adoption of a child other than a child with special needs, the amount of the qualified adoption expenses paid or incurred by the taxpayer, and ``(B) in the case of an adoption of a child with special needs, $10,000.''. (2) Adoption assistance programs.--Section 137(a) of such Code (relating to adoption assistance programs) is amended to read as follows: ``(a) In General.--Gross income of an employee does not include amounts paid or expenses incurred by the employer for adoption expenses in connection with the adoption of a child by an employee if such amounts are furnished pursuant to an adoption assistance program. The amount of the exclusion shall be-- ``(1) in the case of an adoption of a child other than a child with special needs, the amount of the qualified adoption expenses paid or incurred by the taxpayer, and ``(2) in the case of an adoption of a child with special needs, $10,000.''. (b) Dollar Limitations.-- (1) Dollar amount of allowed expenses.-- (A) Adoption expenses.--Section 23(b)(1) of the Internal Revenue Code of 1986 (relating to allowance of credit) is amended-- (i) by striking ``$5,000'' and inserting ``$10,000'', (ii) by striking ``($6,000, in the case of a child with special needs)'', and (iii) by striking ``subsection (a)'' and inserting ``subsection (a)(1)(A)''. (B) Adoption assistance programs.--Section 137(b)(1) of such Code (relating to dollar limitations for adoption assistance programs) is amended-- (i) by striking ``$5,000'' and inserting ``$10,000'', and (ii) by striking ``($6,000, in the case of a child with special needs)'', and (iii) by striking ``subsection (a)'' and inserting ``subsection (a)(1)''. (2) Phase-out limitation.-- (A) Adoption expenses.--Clause (i) of section 23(b)(2)(A) of such Code (relating to income limitation) is amended by striking ``$75,000'' and inserting ``$150,000''. (B) Adoption assistance programs.--Section 137(b)(2)(A) of such Code (relating to income limitation) is amended by striking ``$75,000'' and inserting ``$150,000''. (c) Year Credit Allowed.--Section 23(a)(2) of the Internal Revenue Code of 1986 (relating to year credit allowed) is amended by adding at the end the following new flush sentence: ``In the case of the adoption of a child with special needs, the credit allowed under paragraph (1) shall be allowed for the taxable year in which the adoption becomes final.''. (d) Repeal of Sunset Provisions.-- (1) Children without special needs.--Paragraph (2) of section 23(d) of the Internal Revenue Code of 1986 (relating to definition of eligible child) is amended to read as follows: ``(2) Eligible child.--The term `eligible child' means any individual who-- ``(A) has not attained age 18, or ``(B) is physically or mentally incapable of caring for himself.''. (2) Adoption Assistance Programs.--Section 137 of such Code (relating to adoption assistance programs) is amended by striking subsection (f). (e) Adjustment of Dollar and Income Limitations for Inflation.-- (1) Adoption credit.--Section 23 of the Internal Revenue Code of 1986 (relating to adoption expenses) is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Adjustments for Inflation.--In the case of a taxable year beginning after December 31, 2002, each of the dollar amounts in subsection (a)(1)(B) and paragraphs (1) and (2)(A)(i) of subsection (b) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof.''. (2) Adoption assistance programs.--Section 137 of such Code (relating to adoption assistance programs), as amended by subsection (d), is amended by adding at the end the following new subsection: ``(f) Adjustments for Inflation.--In the case of a taxable year beginning after December 31, 2002, each of the dollar amounts in subsection (a)(2) and paragraphs (1) and (2)(A) of subsection (b) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof.''. (f) Limitation Based on Amount of Tax.-- (1) In general.--Section 23(c) of the Internal Revenue Code of 1986 (relating to carryforwards of unused credit) is amended by striking ``the limitation imposed'' and all that follows through ``1400C)'' and inserting ``the applicable tax limitation''. (2) Applicable tax limitation.--Section 23(d) of such Code (relating to definitions) is amended by adding at the end the following new paragraph: ``(4) Applicable tax limitation.--The term `applicable tax limitation' means the sum of-- ``(A) the taxpayer's regular tax liability for the taxable year, reduced (but not below zero) by the sum of the credits allowed by sections 21, 22, 24 (other than the amount of the increase under subsection (d) thereof), 25, and 25A, and ``(B) the tax imposed by section 55 for such taxable year.''. (3) Conforming amendments.-- (A) Section 26(a) of such Code (relating to limitation based on amount of tax) is amended by inserting ``(other than section 23)'' after ``allowed by this subpart''. (B) Section 53(b)(1) of such Code (relating to minimum tax credit) is amended by inserting ``reduced by the aggregate amount taken into account under section 23(d)(3)(B) for all such prior taxable years,'' after ``1986,''. (g) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Hope for Children Act - Amends the Internal Revenue Code to increase the expenses allowable towards the adoption credit.

A bill to amend the Internal Revenue Code of 1986 to expand the adoption credit, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Families in the Military Service Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) prenatal care and proper nutrition for pregnant women reduces the incidence of birth abnormalities and low birth weight among infants; (2) proper nutrition for infants and young children has very positive health and growth benefits; and (3) women, infants, and children of military families stationed outside the United States are potentially at nutritional risk. (b) Purpose.--The purpose of this Act is to ensure that women, infants, and children of military families stationed outside the United States receive supplemental foods and nutrition education if they generally would be eligible to receive supplemental foods and nutrition education provided in the United States under the special supplemental nutrition program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). SEC. 3. SPECIAL SUPPLEMENTAL NUTRITION BENEFITS FOR WOMEN, INFANTS, AND CHILDREN OF MILITARY FAMILIES STATIONED OUTSIDE THE UNITED STATES. Section 1060a of title 10, United States Code, is amended-- (1) by redesignating subsection (f) as subsection (h); and (2) by striking subsections (a) through (e) and inserting the following: ``(a) In General.--The Secretary of Defense, in consultation with the Secretary of Agriculture, shall establish and carry out a program to provide, at no cost to the recipient, supplemental foods and nutrition education to-- ``(1) low-income pregnant, postpartum, and breastfeeding women, infants, and children up to 5 years of age of military families of the armed forces of the United States stationed outside the United States (and its territories and possessions); and ``(2) eligible civilians serving with, employed by, or accompanying the armed forces outside the United States (and its territories and possessions). ``(b) Administration.--Except as otherwise provided in this section, the Secretary of Defense, in consultation with the Secretary of Agriculture, shall operate the program under this section in a manner that is similar to the special supplemental nutrition program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). ``(c) Regulations.--The Secretary of Defense, in consultation with the Secretary of Agriculture, shall promulgate regulations to carry out this section that are as similar as practicable to regulations promulgated to carry out the special supplemental nutrition program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966, but that take into account-- ``(1) the need to use military personnel to carry out functions under the program established under this section, including functions relating to supplemental foods, nutrition education, eligibility determinations, oversight, enforcement, auditing, financial management, application reviews, delivery of benefits and program information, handling of local operations and administration, and reporting and recordkeeping; ``(2) the need to limit participation to certain military installations to ensure efficient program operations using funds made available to carry out this section; ``(3) the availability in foreign countries of exchange stores, commissary stores, and other sources of supplemental foods; and ``(4) other factors or circumstances determined appropriate by the Secretary of Defense, including the need to phase-in program operations during fiscal year 2000. ``(d) Administrative Responsibility.-- ``(1) In general.--The Secretary of Defense shall be responsible for the implementation, management, and operation of the program established under this section, including ensuring the proper expenditure of funds made available to carry out this section. ``(2) Investigation and monitoring.--The Inspectors General of the Armed Forces and the Department of Defense shall investigate and monitor the implementation of this section. ``(e) Records.--The Secretary of Defense shall require that such accounts and records (including medical records) be maintained as are necessary to enable the Secretary of Defense to-- ``(1) determine whether there has been compliance with this section; and ``(2) determine and evaluate the adequacy of benefits provided under this section. ``(f) Report.-- ``(1) In general.--Not later than March 1, 2001, the Secretary of Defense, in consultation with the Secretary of Agriculture, shall submit a report describing the implementation of this section to-- ``(A) the Committee on Agriculture of the House of Representatives; ``(B) the Committee on Armed Services of the House of Representatives; ``(C) the Committee on Agriculture, Nutrition, and Forestry of the Senate; and ``(D) the Committee on Armed Services of the Senate. ``(2) Contents of report.--The report under paragraph (1) shall include a description of participation rates, typical food packages, health and nutrition assessment procedures, eligibility determinations, management difficulties, and benefits of the program established under this section. ``(g) Funding.-- ``(1) In general.--Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall provide to the Secretary of Defense to carry out this section-- ``(A) $8,000,000 for fiscal year 2000; ``(B) $12,000,000 for fiscal year 2001; and ``(C) $12,000,000 for fiscal year 2002. ``(2) Receipt and acceptance.--The Secretary of Defense shall be entitled to receive the funds and shall accept the funds, without further appropriation.''.

Strengthening Families in the Military Service Act of 1999 - Directs the Secretary of Defense to establish and carry out a program to provide, at no cost to the recipient, supplemental foods and nutrition education to: (1) low-income pregnant, postpartum, and breastfeeding women, infants, and children up to five years old of military families stationed outside the United States; and (2) eligible civilians serving with, employed by, or accompanying the armed forces outside the United States. Directs the Secretary to operate the program in a manner similar to the special supplemental nutrition program for women, infants, and children established under the Child Nutrition Act of 1966. Directs the inspectors general of the military departments and Department of Defense to investigate and monitor implementation of the program. Requires a program implementation report from the Secretary to the congressional defense and agricultural committees. Provides program funding for FY 2000 through 2002.

Strengthening Families in the Military Service Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Long Term Care Quality Improvement Act of 2004''. SEC. 2. IMPROVEMENT IN QUALITY OF LONG TERM CARE IN SKILLED NURSING FACILITIES UNDER MEDICARE. (a) Detailed Reporting of Nursing Expenditures.--Section 1888 of the Social Security Act (42 U.S.C. 1395yy) is amended by adding at the end the following new subsection: ``(f) Detailed Reporting of Nursing Expenditures.-- ``(1) In general.--For cost reports submitted for cost reporting periods beginning on or after four months after the date of the enactment of this subsection, skilled nursing facilities shall separately report expenditures for wages and benefits for nursing staff (by staff level, breaking out at a minimum registered nurses, licensed professional nurses, and certified nurse assistants). ``(2) Modification of form.--The Secretary, in consultation with private sector accountants experienced with medicare and medicaid nursing facility home cost reports, shall redesign such reports to meet the requirement of paragraph (1).''. (b) Development and Reporting of New Quality Measures.--Such section is further amended by adding at the end the following new subsection: ``(g) Reporting on Quality.-- ``(1) In general.--The Secretary shall identify and develop in accordance with this subsection quality measures appropriate for use with a payment system under this subsection. Such measures shall be developed in consultation with measurement experts, the Medicare Payment Advisory Commission, the Institute of Medicine, and representatives of providers and consumers. ``(2) Contents.--The quality measures under this subsection-- ``(A) shall include process measures; ``(B) may include structural measures, such as spending on direct care staffing or implementation of new technologies; ``(C) may include outcome measures that are risk adjusted with sufficient precision to be used in a payment system; ``(D) shall be valid and reliable; ``(E) shall be structured so that data collection systems involving new technologies can be used in a manner that minimizes provider burden and increases accuracy, particularly with respect to process measures; ``(F) shall include at least one quality measure that addresses nursing home staffing level and mix; and ``(G) shall make special provision for small skilled nursing facilities by establishing criteria for determining whether a nursing facility is large enough to yield meaningful data on each measure. ``(3) Posting.--The Secretary shall post on the Secretary's website relating to the medicare program a description of the new quality performance measures that are developed under this subsection when they are implemented.''. (c) Linking Payments to Quality Performance.--Such section is further amended by adding at the end the following new subsection: ``(h) Base Payments; Adjustment in Payment for Quality Performance.-- ``(1) Maintenance of fiscal year 2005 payment rates as a floor.--Except as provided under this subsection, and notwithstanding any other provision of law, the payment rates established under subsection (e) shall in no case be less than the RUG rates that are effective as of October 1, 2004, as adjusted annually under subsection (e)(4)(E). ``(2) Development of payment adjustment methods.-- ``(A) In general.--The Secretary shall develop and test one or more methods for linking payment rates under this section to quality. Such methods shall be identified in consultation with the Institute of Medicine, the Medicare Payment Advisory Commission, measurement experts, and representatives of consumers and providers. ``(B) Link to quality.--Such methods shall make a portion of a provider's payment under this title dependent on performance on one or more appropriate indicators of quality, as measured under subsection (f). At least one of the methods tested shall involve special payments for facilities that enhance quality by providing more direct care staffing than others, controlling for case mix. The Secretary may test such methods through pilot studies, demonstration projects, and other appropriate methods. ``(C) Deadline.-- Development and testing of appropriate quality measures and new payment methods for skilled nursing facilities under this subsection shall be completed, to the extent feasible, in conformance with timelines that may be recommended by the Institute of Medicine in its report on linking payments under this section to performance, but in no case later than 54 months after the date of the enactment of this subsection.''. (d) Analysis of the Adequacy of Public Payments and Future Financing Options.--The Secretary of Health and Human Services shall conduct a study of current and future financing of quality nursing facility care. Such study shall include an examination of the following: (1) The adequacy of Medicaid financing to pay for the quality of care required by State and Federal law and regulations. (2) Medicare's cross-subsidization of care for Medicaid patients. (3) Total industry margins for skilled nursing facilities. (4) The impact of current trends, including litigation and staffing shortages, on nursing facility costs. (5) The impact of demographic changes in relation to provision of long-term care services. (6) Options for redressing any current problems with payment for nursing facility services. (7) Options for financing quality long term care, including nursing home care, over the next five decades. (e) Reports on Activities.-- (1) Annual reports.--The Secretary shall submit annually to Congress a report on the amendments made by subsections (a) through (c) until the submission of the final report under paragraph (2). (2) Final report.--The Secretary shall submit to Congress a final report on such activities not later than 5 years after the date of the enactment of this Act. The final report shall include the following: (A) The results of the study performed under subsection (d) and the impact of such amendments on the quality of care in skilled nursing facilities. (B) Recommendations for changes to the medicare payment system for extended care services in order to enhance quality in skilled nursing facilities. (C) An analysis of the pros and cons of alternative approaches to addressing other issues identified in such study.

Long Term Care Quality Improvement Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act with respect to: (1) detailed reporting of nursing expenditures; (2) development and reporting of new quality measures; and (3) linking payments to quality performance. Directs the Secretary of Health and Human Services to study current and future financing of quality nursing facility care.

To amend title XVIII of the Social Security Act to improve the quality of care in skilled nursing facilities under the Medicare Program through development of quality measures and changes in reimbursement.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Control of Education Act''. SEC. 2. GENERAL ESEA PROHIBITION. (a) In General.--Section 9527 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7907) is amended by adding at the end the following: ``(e) Prohibition of Federal Government Mandating Common Standards, Programs of Instruction, Curricula, Assessments, or Academic Standards.--An officer or employee of the Federal Government shall not directly or indirectly, through grants, contracts, or other cooperative agreements under this Act (including waivers under section 9401)-- ``(1) mandate, direct, or control a State, local educational agency, or school's specific instructional content or any specific academic standard, assessment, curriculum, or program of instruction, including through any requirement, direction, condition, or mandate to adopt-- ``(A) the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a number of States, or any specific statewide or nationally recognized content standards; or ``(B) any assessment, instructional content, or curriculum aligned to, or based on, specific academic standards, including any of the standards described in subparagraph (A); ``(2) incentivize a State, local educational agency, or school to adopt any specific instructional content, academic standard, assessment, curriculum, commonality of standards or assessments, or program of instruction described in paragraph (1), which shall include providing any priority, preference, or special consideration during the application process based on any specific content, standard, assessment, curriculum, commonality, or program; or ``(3) make financial support available in a manner that is conditioned upon a State, local educational agency, or school's adoption of any specific instructional content, academic standard, assessment, curriculum, commonality of standards or assessments, or program of instruction described in paragraph (1), even if such requirements are specified in section 14006 or 14007 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 281) or any other Act.''. (b) Conforming Amendment.--Section 9527(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7907(a)) is amended by striking ``curriculum, program of instruction, or''. SEC. 3. PROHIBITION ON REQUIRING ADOPTION OF COMMON STANDARDS WITH RESPECT TO WAIVERS. (a) Prohibition.--Section 9401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7861) is amended by adding at the end the following: ``(h) Prohibition on Requiring Certain Standards for Waivers.-- ``(1) In general.--The Secretary shall not require that a State, local educational agency, Indian tribe, or school adopt, as a prerequisite or condition for any waiver under this section, any specific instructional content, academic standard, assessment, curriculum, or program of instruction, including-- ``(A) the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a number of States, or any specific statewide or nationally recognized content standards; or ``(B) any assessment, instructional content, or curriculum aligned to, or based on, any specific academic standards, including any of the standards described in subparagraph (A). ``(2) Effect on previously issued waivers.-- ``(A) In general.--Any requirement described in paragraph (1) that was required for a waiver provided to a State, local educational agency, Indian tribe, or school under this section before the date of enactment of the Local Control of Education Act shall be void and have no force of law. ``(B) Prohibited actions.--The Secretary shall not-- ``(i) enforce any requirement that is void pursuant to subparagraph (A); and ``(ii) require the State, local educational agency, Indian tribe, or school to reapply for a waiver, or to agree to any other conditions to replace any requirements that is void pursuant to subparagraph (A), until the end of the period of time specified under the waiver. ``(C) No effect on other provisions.--Any other provisions or requirements of a waiver provided under this section before the date of enactment of the Local Control of Education Act that are not affected by subparagraph (A) shall remain in effect for the period of time specified under the waiver.''. SEC. 4. PROHIBITION IN RACE TO THE TOP FUNDING. Title XIV of Division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) is amended by inserting after section 14007 the following: ``SEC. 14007A. PROHIBITION ON REQUIRING OR PREFERRING COMMON STANDARDS. ``The prohibitions of section 9527(e) of the Elementary and Secondary Education Act of 1965 shall apply to each grant awarded under section 14006 or 14007 in the same manner as such prohibitions apply to a grant awarded under such Act.''.

Local Control of Education Act Amends the Elementary and Secondary Education Act of 1965 (ESEA) to prohibit the federal government from directly or indirectly mandating, directing, controlling, incentivizing, or conditioning federal support on a state's, local educational agency's (LEA's), or school's adoption of: the Common Core State Standards, any other academic standards common to a number of states, or any statewide or nationally recognized content standards; or any assessment, instructional content, or curriculum aligned to, or based on, specific academic standards. Amends the American Recovery and Reinvestment Act of 2009 to make those prohibitions applicable to grants awarded under the Race to the Top program for innovations and reforms in elementary and secondary education. Prohibits the Secretary of Education from conditioning the provision of a statutory or regulatory waiver under the ESEA on a state, LEA, Indian tribe, or school adopting any specific instructional content, academic standard, assessment, curriculum, or program of instruction. Makes that prohibition applicable to future and previously issued waivers.

Local Control of Education Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect America Act of 2017''. SEC. 2. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE, DELIVERY, OR TRANSFER OF FIREARMS TO KNOWN OR SUSPECTED TERRORISTS; REQUIRING INFORMATION-SHARING REGARDING ATTEMPTED FIREARMS PURCHASES BY KNOWN OR SUSPECTED TERRORISTS; AUTHORIZING THE INVESTIGATION OF KNOWN OR SUSPECTED TERRORISTS WHO ATTEMPT TO PURCHASE FIREARMS. (a) Short Title.--This section may be cited as the ``Preventing Terrorists From Obtaining Firearms Act of 2017''. (b) Amendment.--Section 922(t) of title 18, United States Code, is amended by adding at the end the following: ``(7)(A) If the Attorney General is notified of a request to transfer a firearm to a person who is being investigated, or has been investigated during the preceding 5 years, as a known or suspected terrorist, the Attorney General shall-- ``(i) as appropriate, take further steps to confirm the identity of the prospective transferee and confirm or rule out the suspected nexus to terrorism of the prospective transferee; ``(ii) as appropriate, notify relevant Federal, State, or local law enforcement agencies or intelligence agencies concerning the identity of the prospective transferee; and ``(iii) determine whether the prospective transferee is already the subject of an ongoing terrorism investigation and, as appropriate, initiate such an investigation. ``(B) Upon being notified of a prospective transfer under subparagraph (A), the Attorney General or the United States attorney for the district in which the licensee is located may-- ``(i) delay the transfer of the firearm for a period not to exceed 72 hours; and ``(ii) file an emergency petition in the United States district court for the district involved to prohibit the transfer of the firearm. ``(C)(i) An emergency petition filed under subparagraph (B) shall be granted upon a showing of probable cause to believe that the prospective transferee has committed or is furthering a plan to commit an act of terrorism. ``(ii) An emergency petition filed under subparagraph (B) to prohibit the transfer of a firearm may be granted only after a hearing-- ``(I) of which the prospective transferee receives actual notice; and ``(II) at which the prospective transferee has an opportunity to participate with counsel. ``(D) For purposes of this paragraph-- ``(i) the term `known or suspected terrorist' means a person determined by the Attorney General to be known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support or resources for terrorism; ``(ii) the term `material support or resources' has the meaning given the term in section 2339A; and ``(iii) the term `terrorism' includes international terrorism and domestic terrorism, as defined in section 2331. ``(E) For purposes of this paragraph, a person shall not be considered to have been investigated as a known or suspected terrorist solely by reason of being identified in the terrorist screening database (as such term is defined in section 2101(10) of the Homeland Security Act of 2002 (6 U.S.C. 621(10)), if the name of the person was thereafter removed from the database because the person was erroneously included.''. SEC. 3. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE, DELIVERY, OR TRANSFER OF EXPLOSIVES TO KNOWN OR SUSPECTED TERRORISTS; REQUIRING INFORMATION-SHARING REGARDING ATTEMPTED EXPLOSIVES PURCHASES BY KNOWN OR SUSPECTED TERRORISTS; AUTHORIZING THE INVESTIGATION OF KNOWN OR SUSPECTED TERRORISTS WHO ATTEMPT TO PURCHASE EXPLOSIVES. (a) Short Title.--This section may be cited as the ``Preventing Terrorists From Obtaining Explosives Act of 2017''. (b) Amendment.--Section 843 of title 18, United States Code, is amended by adding at the end the following: ``(j)(1) If the Attorney General receives an application for a user permit, limited permit, or license to import, manufacture, or deal in explosive materials from a person who is being investigated, or has been investigated during the preceding 5 years, as a known or suspected terrorist, or receives information under subsection (h) about a responsible person or employee who is being investigated, or has been investigated during the preceding 5 years, as a known or suspected terrorist, the Attorney General shall-- ``(A) as appropriate, take further steps to confirm the identity of the applicant, responsible person, or employee and confirm or rule out the suspected nexus to terrorism of the applicant, responsible person, or employee; ``(B) as appropriate, notify relevant Federal, State, or local law enforcement agencies or intelligence agencies concerning the identity of the applicant, responsible person, or employee; and ``(C) determine whether the applicant, responsible person, or employee is the subject of an ongoing terrorism investigation and, as appropriate, initiate such an investigation. ``(2) Upon receipt of an application or information described in paragraph (1), the Attorney General or the United States attorney for the district in which the applicant, responsible person, or employee is located may-- ``(A) for a period not to exceed 90 days, delay the approval of the application or the determination to issue a letter of clearance under subsection (h), as the case may be; and ``(B) file an emergency petition in the United States district court for the district involved to prohibit the approval of the application or the issuance of a letter of clearance under subsection (h), as the case may be. ``(3)(A) An emergency petition filed under paragraph (2) shall be granted upon a showing of probable cause to believe that the applicant, responsible person, or employee has committed or is furthering a plan to commit an act of terrorism. ``(B) An emergency petition filed under paragraph (2) may be granted only after a hearing-- ``(i) of which the applicant, responsible person, or employee receives actual notice; and ``(ii) at which the applicant, responsible person, or employee has an opportunity to participate with counsel. ``(4) For purposes of this subsection-- ``(A) the term `known or suspected terrorist' means a person determined by the Attorney General to be known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support or resources for terrorism; ``(B) the term `material support or resources' has the meaning given the term in section 2339A; and ``(C) the term `terrorism' includes international terrorism and domestic terrorism, as defined in section 2331. ``(5) For purposes of this subsection, a person shall not be considered to have been investigated as a known or suspected terrorist solely by reason of being identified in the terrorist screening database (as such term is defined in section 2101(10) of the Homeland Security Act of 2002 (6 U.S.C. 621(10)), if the name of the person was thereafter removed from the database because the person was erroneously included.''. SEC. 4. SUNSET. The amendments made by sections 2 and 3 shall cease to have effect after the 3-year period that begins with the date of the enactment of this Act. SEC. 5. REPORTS TO CONGRESS. Not earlier than 18 months after the date of the enactment of this Act and not later than 3 years after such date of enactment, the Attorney General shall submit to the Congress a written report on the petitions filed and court orders granted under sections 2 and 3, including-- (1) the number of petitions so filed; (2) the number of orders so granted; (3) the number of petitions that were denied; (4) the disposition of any arrest made after such an order was granted, including any charges brought and the outcome of those charges; (5) with respect to each of the matters described in paragraphs (1) through (4), whether the subject of the petition or order was a United States citizen or foreign national and whether the allegations involved domestic terrorism or international terrorism; (6) for any such order issued against a foreign national, whether a deportation proceeding was initiated against the individual and, if so, the outcome of the deportation proceeding; and (7) whether multiple petitions were filed against any individual. SEC. 6. CORRECTION OF THE TERRORIST WATCH LIST AND ``NO-FLY LIST''. Within 90 days after the date of the enactment of this Act, the Attorney General shall-- (1) review the terrorist watch list and the no-fly list referred to in section 44903(j) of title 49, United States Code, and any other list used by the Transportation Security Administration for purposes of identifying individuals who are prohibited from boarding aircraft because they pose a threat of terrorism, and remove from any such list the name of any person erroneously placed on the list or otherwise is not a known or suspected terrorist; and (2) submit to the Congress a written report that describes the steps taken to comply with paragraph (1).

Protect America Act of 2017 Preventing Terrorists From Obtaining Firearms Act of 2017 This bill amends the federal criminal code to authorize the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) or a U.S. Attorney's Office to delay for up to 72 hours and file an emergency petition to prohibit a firearm transfer to a person who is being investigated, or who during the past five years has been investigated, as a known or suspected terrorist. Preventing Terrorists From Obtaining Explosives Act of 2017 Additionally, the bill authorizes the ATF or a U.S. Attorney's Office to delay for up to 90 days and file an emergency petition to prohibit the approval of an application for an explosives permit or license from a person who is being investigated, or who during the past five years has been investigated, as a known or suspected terrorist. The bill requires the Department of Justice to review the terrorist watch and no-fly lists and remove the name of any person whose name was erroneously placed on such lists.

Protect America Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewing Hope for Haitian Trade and Investment Act of 2010''. SEC. 2. TRADE FACILITATION EFFORTS IN HAITI. The Secretary of Homeland Security, acting through the Commissioner responsible for U.S. Customs and Border Protection, shall commit sufficient resources from U.S. Customs and Border Protection-- (1) to, working with the commercial attache from the United States assigned to Haiti, enhance commercial assistance to facilitate trade between Haiti, the Dominican Republic, and the United States, as envisioned in section 213A of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a), as added by the Haitian Hemispheric Opportunity Through Partnership Act of 2006 (title V of division D of Public Law 109-432; 120 Stat. 3181) and amended by the Haitian Hemispheric Opportunity Through Partnership Act of 2008 (part I of subtitle D of title XV of Public Law 110-246; 122 Stat. 2289); (2) to facilitate the preclearance of valid cargo destined for the United States from Haiti and promote the efficient and secure movement of articles entering the United States pursuant to such section 213A; and (3) to provide technical assistance and training to the customs service of Haiti to improve production validation and compliance and understanding of the customs procedures of the United States, such as the Electronic Visa Information System. SEC. 3. EXTENSION OF THE CARIBBEAN BASIN ECONOMIC RECOVERY ACT. Section 213(b) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)) is amended-- (1) in paragraph (2)(A)-- (A) in clause (iii)-- (i) in subclause (II)(cc), by striking ``2010'' and inserting ``2013''; and (ii) in subclause (IV)(dd), by striking ``2010'' and inserting ``2013''; and (B) in clause (iv)(II), by striking ``8'' and inserting ``11''; and (2) in paragraph (5)(D)(i), by striking ``2010'' and inserting ``2013''. SEC. 4. EXTENSION OF VALUE-ADDED RULE OF ORIGIN FOR APPAREL AND OTHER TEXTILE ARTICLES IMPORTED FROM HAITI. Section 213A of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a) is amended-- (1) in subsection (a)(1)-- (A) by amending subparagraph (A) to read as follows: ``(A) In general.--The term `applicable 1-year period' means-- ``(i) the initial applicable 1-year period; ``(ii) the 1-year period beginning on the day after the last day of the initial applicable 1-year period; and ``(iii) any 1-year period thereafter.''; and (B) by striking subparagraphs (C) through (F); (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (B)-- (I) in clause (iv)(II), by striking ``each of the second, third, fourth, and fifth applicable 1-year periods'' and inserting ``any applicable 1-year period after the initial applicable 1- year period''; and (II) in clause (v)(I)-- (aa) in item (aa), by striking ``, the second applicable 1-year period, and the third applicable 1-year period'' and inserting ``and each applicable 1-year period thereafter through the applicable 1-year period beginning on December 20, 2010''; (bb) in item (bb), by striking ``the fourth applicable 1-year period'' and inserting ``the applicable 1- year period beginning on December 20, 2011''; and (cc) in item (cc), by striking ``the fifth applicable 1-year period'' and inserting ``each applicable 1-year period beginning on or after December 20, 2012''; and (ii) in subparagraph (C)-- (I) by striking the table and inserting the following: ``During: the corresponding percentage is: the initial applicable 1-year period............... 1 percent. each applicable 1-year period after the initial 1.25 percent.''; and applicable 1-year period.......................... (II) in the flush text, by striking ``the last day of the fifth applicable 1-year period'' and inserting ``December 19, 2013''; and (B) in paragraph (2)-- (i) in subparagraph (A)(ii), by striking ``9'' and inserting ``13''; and (ii) in subparagraph (B)(iii), by striking ``9'' and inserting ``13''; (3) in subsection (c), by striking ``5-year period'' and inserting ``7-year period''; and (4) in subsection (h), by striking ``2018'' and inserting ``2022''. SEC. 5. HAITI RECOVERY AND INVESTMENT TASK FORCE. (a) In General.--There is established a task force, to be known as the ``Haiti Recovery and Investment Task Force'' (in this section referred to as the ``Task Force''), to-- (1) facilitate-- (A) foreign direct investment in Haiti and the provision of credit and finance for private-sector investment in Haiti, including by reassessing and addressing obstacles to affordable finance and credit for persons seeking to invest in Haiti; (B) the flow of remittances and investment to Haiti by the Haitian-American community in the United States and the Haitian Diaspora; and (C) the provision of grants by international donors and international financial institutions (as defined in section 1701(c)(2) of the International Financial Institutions Act (22 U.S.C. 262r(c)(2)) to the Government of Haiti; and (2) work with the Government of Haiti to ensure that investment in Haiti described in paragraph (1) supports Haiti's long-term development needs and complements strategies developed in Haiti's National Strategy for Growth and the Reduction of Poverty, as set forth in the International Monetary Fund Country Report Number 08/115. (b) Membership.--The Task Force shall be composed of the following officials or their designees: (1) The Secretary of the Treasury, who shall serve as the chairperson of the Task Force. (2) The United States Trade Representative. (3) The Secretary of Commerce. (4) The President of the Overseas Private Investment Corporation. (5) The Chairman of the Export-Import Bank. (c) Administration.--The Task Force shall-- (1) periodically convene public hearings; and (2) establish procedures for the operation of the Task Force that are transparent and encourage public participation. (d) Reports.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Task Force shall submit to Congress a report containing-- (1) an assessment of the progress made by the Task Force in facilitating investment in Haiti and enabling Haiti to attract foreign investment; (2) a description of obstacles to investment in Haiti identified by the Task Force; and (3) any recommendations of the Task Force for enacting or amending laws to facilitate investment in Haiti. (e) Termination Date.--The Task Force shall terminate on the date that is 12 years after the date of the enactment of this Act. SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON THE EFFECTIVENESS OF THE HOPE TRADE PREFERENCES. Not later than May 31, 2010, the Comptroller General of the United States shall submit to Congress a report that-- (1) assesses the effectiveness of the trade preferences under section 213A of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a), as added by the Haitian Hemispheric Opportunity Through Partnership Act of 2006 (title V of division D of Public Law 109-432; 120 Stat. 3181) and amended by the Haitian Hemispheric Opportunity Through Partnership Act of 2008 (part I of subtitle D of title XV of Public Law 110- 246; 122 Stat. 2289); and (2) makes recommendations for improving those trade preferences, particularly with respect to measures to facilitate the expansion of trade and increased employment in Haiti following the January 2010 earthquake.

Renewing Hope for Haitian Trade and Investment Act of 2010 - Directs the Secretary of Homeland Security (DHS), acting through the Commissioner for U.S. Customs and Border Protection (CBP), to commit sufficient CBP resources to: (1) enhance commercial assistance to promote trade among Haiti, the Dominican Republic, and the United States; (2) facilitate the preclearance of valid cargo from Haiti to the United States; (3) promote the efficient and secure movement of articles entering the United States under the Caribbean Basin Economic Recovery Act (CBERA); and (4) provide technical assistance and training to Haiti's customs service to improve production validation and compliance and understanding of U.S. customs procedures, such as the Electronic Visa Information System. Amends CBERA to extend, in each succeeding one-year period through FY2013 (transition period), the duty-free treatment of certain imported knit apparel articles made in one or more Caribbean Basin Trade Partnership Act (CBTPA) beneficiary countries from yarns wholly formed in the United States. Extends the value-added rule of origin for certain apparel and other textile articles imported from Haiti. Extends, for the initial applicable one-year period, and each one-year period thereafter through FY2022, the duty-free treatment of apparel articles imported directly into the United States from Haiti or the Dominican Republic in amounts not to exceed specified percentages of the aggregate square meter equivalents of all apparel articles imported into the United States in the most recent 12-month period. Extends, through December 20, 2013, the preferential treatment of wire harness automotive components manufactured in Haiti and imported into the United States, provided Haiti meets certain economic and political eligibility requirements. Establishes the Haiti Recovery and Investment Task Force to promote foreign investment in Haiti. Directs the Comptroller General to report to Congress on the effectiveness of the trade preferences provided under the Haitian Hemispheric Opportunity Through Partnership Encouragement Act of 2006 (HOPE Act), as amended, as well as recommendations for improving such preferences.

A bill to extend the Caribbean Basin Economic Recovery Act, to extend the trade preferences made available to Haiti under that Act, to encourage foreign investment in Haiti, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``H-1B Visa Program Modernization Act of 2007''. SEC. 2. MARKET-BASED LIMITS FOR H-1B VISAS. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``(beginning with fiscal year 1992)''; and (B) in subparagraph (A)-- (i) in clause (vi) by striking ``and''; (ii) in clause (vii), by striking ``each succeeding fiscal year; or'' and inserting ``each of fiscal years 2004, 2005, 2006, and 2007;''; and (iii) by adding after clause (vii) the following: ``(viii) 150,000 for fiscal year 2008; and ``(ix) the number calculated under paragraph (9) for each fiscal year after fiscal year 2008; or''; (2) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and (3) by inserting after paragraph (8) the following: ``(9) If the numerical limitation in paragraph (1)(A)-- ``(A) is reached during the previous fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to 120 percent of the numerical limitation of the previous fiscal year; or ``(B) is not reached during the previous fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to the numerical limitation of the previous fiscal year.''. SEC. 3. H-1B VISA PROGRAM IMPROVEMENTS. (a) Safeguards Against Fraud and Misrepresentation in Application Review Process.--Section 212(n)(1)(G) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(G)) is amended-- (1) by inserting ``, clear indicators of fraud or misrepresentation of material fact,'' after ``completeness''; (2) by striking ``or obviously inaccurate'' and inserting ``, presents clear indicators of fraud or misrepresentation of material fact, or is obviously inaccurate''; and (3) by adding at the end the following: ``If the Secretary's review of an application identifies clear indicators of fraud or misrepresentation of material fact, the Secretary may conduct an investigation and hearing under paragraph (2).''. (b) H-1B Nonimmigrants Not Admitted for Jobs Advertised or Offered Only to H-1B Nonimmigrants.--Section 212(n)(1) of such Act, as amended by this section, is further amended by inserting after subparagraph (G) the following: ``(H)(i) The employer has not advertised the available jobs specified in the application in an advertisement that states or indicates that-- ``(I) the job or jobs are only available to persons who are or who may become H-1B nonimmigrants; or ``(II) persons who are or who may become H-1B nonimmigrants shall receive priority or a preference in the hiring process. ``(ii) The employer has not only recruited persons who are, or who may become, H-1B nonimmigrants to fill the job or jobs.''. (c) Limit on Percentage of H-1B Employees.--Section 212(n)(1) of such Act, as amended by this section, is further amended by inserting after subparagraph (H), as added by subsection (b), the following: ``(I) If the employer employs not less than 50 employees in the United States, not more than 50 percent of such employees are H-1B nonimmigrants.''. (d) Penalties.--Section 212(n)(2)(C) of such Act is amended-- (1) in clause (i)(I), by striking ``$1,000'' and inserting ``$2,000''; (2) in clause (ii)(I), by striking ``$5,000'' and inserting ``$10,000''; and (3) in clause (vi)(III), by striking ``$1,000'' and inserting ``$2,000''. (e) Investigations by Department of Labor.--Section 212(n)(2) of such Act, as amended by this section, is further amended-- (1) in subparagraph (A), by striking ``12 months'' and inserting ``24 months''; and (2) in subparagraph (G)-- (A) in clause (i), by striking the second sentence; (B) in clause (iii), by striking the last sentence; (C) by striking clauses (iv) and (v); (D) by redesignating clauses (vi), (vii), and (viii) as clauses (iv), (v), and (vi), respectively; (E) in clause (iv), as redesignated-- (i) by striking ``clause (viii)'' and inserting ``clause (vi)''; and (ii) by striking ``12 months'' and inserting ``24 months''; and (F) by adding at the end the following: ``(vii) If the Secretary of Labor, after a hearing, finds a reasonable basis to believe that the employer has violated the requirements under this subsection, the Secretary may impose a penalty under subparagraph (C).''. (f) Information Sharing Between Department of Labor and Department of Homeland Security.--Section 212(n)(2) of such Act, as amended by this section, is further amended-- (1) by redesignating subparagraph (I) as subparagraph (J); and (2) by inserting after subparagraph (H) the following: ``(I) The Director of United States Citizenship and Immigration Services shall provide the Secretary of Labor with any information contained in the materials submitted by H-1B employers as part of the adjudication process that indicates that the employer is not complying with H-1B visa program requirements. The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph.''. (g) Information Provided to H-1B Nonimmigrants Upon Visa Issuance.-- (1) In general.--Section 212(n) of such Act, as amended by this section, is further amended-- (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the following: ``(3)(A) Upon issuing an H-1B visa to an applicant outside the United States, the issuing office shall provide the applicant with-- ``(i) a brochure outlining the employer's obligations and the employee's rights under Federal law, including labor and wage protections; ``(ii) the contact information for Federal agencies that can offer more information or assistance in clarifying employer obligations and workers' rights; and ``(iii) a copy of the employer's H-1B application for the position that the H-1B nonimmigrant has been issued the visa to fill. ``(B) Upon the issuance of an H-1B visa to an alien inside the United States, the officer of the Department of Homeland Security shall provide the applicant with-- ``(i) a brochure outlining the employer's obligations and the employee's rights under Federal law, including labor and wage protections; ``(ii) the contact information for Federal agencies that can offer more information or assistance in clarifying employer's obligations and workers' rights; and ``(iii) a copy of the employer's H-1B application for the position that the H-1B nonimmigrant has been issued the visa to fill.''. (2) Conforming amendments.--Section 212(n) of such Act, as amended by this section, is further amended-- (A) in paragraph (1)(E)-- (i) in clause (i), by striking ``(4)'' and inserting ``(5)''; and (ii) in clause (ii)-- (I) by striking ``(3)'' and inserting ``(4)''; and (II) by striking ``(5)'' and inserting ``(6)''; and (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``(5)(A)'' and inserting ``(6)(A)''; and (ii) in subparagraph (F), by striking ``(5)'' and inserting ``(6)''. (h) Effective Date.--The amendments made by subsections (b) and (c) shall only apply to applications filed after the date of enactment of this Act.

H-1B Visa Program Modernization Act of 2007 - Amends the Immigration and Nationality Act to increase the annual H-1B nonimmigrant visa (specialty occupation) cap, with a 20% increase for the following year if the previous year's quota is reached. Revises H-1B provisions with respect to: (1) application fraud and misrepresentation; (2) employer penalties; (3) Department of Labor investigations; (4) Department of Labor and Department of Homeland Security (DHS) information sharing; (5) information provided to an H-1B nonimmigrant upon visa issuance; (6) employment advertising; and (7) prohibiting an employer of fewer than 50 employees in the United States from having more than 50% H-1B nonimmigrant employees.

A bill to amend the Immigration and Nationality Act to improve the competitiveness of the United States in the global economy and to protect against potential visa fraud and abuse.

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Chesapeake Bay Ballast Water Management Act of 1995''. (b) References.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to a section or other provision of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.). SEC. 2. AMENDMENTS TO THE NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND CONTROL ACT OF 1990. (a) Aquatic Nuisance Species Control Program.--Section 1101 (16 U.S.C. 4711) is amended-- (1) by striking the heading and inserting the following new heading: ``SEC. 1101. AQUATIC NUISANCE SPECIES CONTROL PROGRAM.''; (2) by striking subsection (a) and inserting the following new subsection: ``(a) Guidelines.-- ``(1) In general.--Not later than 2 years after the date of enactment of the Ballast Water Management Act of 1995, the Secretary shall issue voluntary guidelines to prevent the introduction and spread of aquatic nuisance species into the waters of the United States that result from the release of ballast water. ``(2) Contents of guidelines.--The guidelines issued under this subsection shall-- ``(A) ensure that, to the maximum extent practicable, ballast water containing aquatic nuisance species is not discharged into the waters of the United States; ``(B) take into consideration-- ``(i) variations in the ecological conditions of coastal waters of the United States; and ``(ii) different vessel operating conditions; ``(C) not jeopardize the safety of-- ``(i) any vessel; or ``(ii) the crew and passengers of any vessel; ``(D) provide for reporting by vessels concerning ballast water practices; and ``(E) be based on the best scientific information available.''; (3) in subsection (b)-- (A) by striking the paragraph (3) added by section 302(b)(1) of the Water Resources Development Act of 1992 (106 Stat. 4839); and (B) in the paragraph (3) added by section 4002 of the Oceans Act of 1992 (106 Stat. 5068)-- (i) by striking ``issue'' and inserting ``promulgate''; and (ii) by adding at the end the following: ``Subject to the requirements of this subsection, the Secretary shall, on a periodic basis, promulgate such revised regulations as are necessary to ensure the prevention of the introduction and spread of aquatic nuisance species into the Hudson River.''; (4) in subsection (c)-- (A) by striking ``subsection (b)'' and inserting ``this subsection''; and (B) by striking ``(c) Civil Penalties.--'' and inserting the following: ``(4) Civil penalties.--''; (5) in subsection (d)-- (A) by striking ``subsection (b)'' and inserting ``this subsection''; and (B) by striking ``(d) Criminal Penalties.--'' and inserting the following: ``(5) Criminal penalties.--''; (6) in subsection (e), by striking ``(e) Consultation With Canada.--'' and inserting the following: ``(6) Consultation with canada.--''; (7) in subsection (b), by striking ``(b) Authority of Secretary.--(1)'' and inserting the following: ``(d) Great Lakes.-- ``(1) In general.--''; (8) in subsection (d) (as redesignated by paragraph (7) of this subsection)-- (A) in paragraph (1)-- (i) by striking ``issue'' and inserting ``promulgate''; and (ii) by adding at the end the following: ``Subject to the requirements of this subsection, the Secretary shall, on a periodic basis, promulgate such revised regulations as are necessary to ensure the prevention of the introduction and spread of aquatic nuisance species into the Great Lakes.''; (B) in paragraph (2)-- (i) by striking ``(2) The regulations issued under this subsection shall--'' and inserting the following: ``(2) Requirements for regulations.--The regulations promulgated under this subsection shall--''; (ii) by indenting subparagraphs (A) through (I) appropriately; and (iii) in subparagraph (A), by striking ``require'' and inserting ``cover''; and (C) in paragraph (6) (as redesignated by paragraph (6) of this subsection), by striking ``the guidelines and regulations'' and inserting ``the regulations promulgated under this subsection''; and (9) by inserting after subsection (a) the following new subsections: ``(b) Education and Technical Assistance.--At the same time as the Secretary issues voluntary guidelines under subsection (a), the Secretary shall implement multilingual (as defined and determined by the Secretary) education and technical assistance programs and other measures to encourage compliance with the guidelines issued under this subsection. To the extent practicable, in carrying out the programs implemented under this subsection, the Secretary shall arrange to use the expertise, facilities, members, or personnel of established agencies and organizations that have routine contact with vessels, including the Animal and Plant Health Inspection Service of the Department of Agriculture, port administrations, and ship pilots associations. ``(c) Report to Congress.--Not later than 3 years after the issuance of guidelines under subsection (a), the Secretary shall submit to the Congress a report concerning-- ``(1) the effectiveness of the voluntary guidelines; and ``(2) the need for a mandatory program to prevent the spread of aquatic nuisance species through the exchange of ballast water.''. (b) Ballast Water Control Studies.-- (1) Heading.--The heading of section 1102 (16 U.S.C. 4712) is amended to read as follows: ``SEC. 1102. BALLAST WATER CONTROL STUDIES.''. (2) Additional studies.--Section 1102(a) (16 U.S.C. 4712(a)) is amended by adding at the end the following new paragraphs: ``(4) Ballast release practices.-- ``(A) Initial study.--Not later than the date of issuance of the guidelines required under section 1101(a), the Secretary shall conduct a study to determine trends in ballast water releases in the Chesapeake Bay and other waters of the United States that the Secretary determines to-- ``(i) be highly susceptible to invasion from aquatic nuisance species; and ``(ii) require further study. ``(B) Followup study.--Not later than 2 years after the date of issuance of the guidelines required under section 1101(a), the Secretary shall conduct a followup study of the ballast water releases described in subparagraph (A) to determine the extent of compliance with the guidelines and the effectiveness of the guidelines in reducing the introduction and spread of aquatic nuisance species. ``(5) Aquatic nuisance invasions.-- ``(A) Initial study.--Not later than the date of issuance of the guidelines required under section 1101(a), the Task Force shall conduct a study to examine the attributes and patterns of invasions of aquatic nuisance species that occur as a result of ballast water releases in the Chesapeake Bay and other waters of the United States that the Task Force determines to-- ``(i) be highly susceptible to invasion from aquatic nuisance species; and ``(ii) require further study. ``(B) Followup study.--Not later than 2 years after the date of issuance of the guidelines required under section 1101(a), the Task Force shall conduct a followup study of the attributes and patterns described in subparagraph (A) to determine the effectiveness of the guidelines in reducing the introduction and spread of aquatic nuisance species.''. (c) Naval Ballast Water Program.--Subtitle B (16 U.S.C. 4701 et seq.) is amended by adding at the end the following new section: ``SEC. 1103. NAVAL BALLAST WATER PROGRAM. ``Subject to operational conditions, the Chief of Naval Operations of the Department of the Navy, in consultation with the Secretary, the Task Force, and the International Maritime Organization, shall implement a ballast water management program for the seagoing fleet of the Navy to limit the risk of invasion by nonindigenous species resulting from releases of ballast water.''. (d) Authorization of Appropriations.--Section 1301(a) (16 U.S.C. 4741(a)) is amended to read as follows: ``(a) Prevention of Unintentional Introductions.--There are authorized to be appropriated to develop and implement the provisions of subtitle B-- ``(1) $500,000 to the department in which the Coast Guard is operating, for the period beginning with fiscal year 1996 and ending with fiscal year 2000, to be used by the Secretary to carry out the study under section 1102(a)(4); ``(2) $2,000,000 to the Task Force, for the period beginning with fiscal year 1996 and ending with fiscal year 2000, to be used by the Director and the Under Secretary (as co-chairpersons of the Task Force) to carry out the study under section 1102(a)(5); and ``(3) $1,250,000 to the department in which the Coast Guard is operating, for each of fiscal years 1996 through 2000, to be used by the Secretary for the development and implementation of the guidelines issued under section 1101(a) and the implementation and enforcement of the regulations promulgated under section 1101(d).''.

Chesapeake Bay Ballast Water Management Act of 1995 - Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to mandate voluntary guidelines to prevent the introduction and spread of aquatic nuisance species (ANS) into U.S. waters that result from the release of ballast water (currently, into the Great Lakes through the exchange of ballast water prior to entering those waters). Mandates: (1) periodic revisions to regulations to ensure the prevention of the introduction and spread of ANS into the Hudson River; (2) multilingual education and technical assistance measures to encourage guideline compliance; (3) studies, regarding the Chesapeake Bay and other U.S. waters, on trends in ballast water releases and the attributes and patters of ANS invasions from ballast water releases; and (4) a ballast water management program for the seagoing fleet of the Navy to limit ANS invasion risk. Authorizes appropriations to develop and implement provisions relating to prevention of unintentional introductions of ANS.

Chesapeake Bay Ballast Water Management Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Merchant Marine Utilization and Preference Act of 1993''. SEC. 2. FINDINGS AND POLICY. (a) Findings.--The Congress finds that, for national defense, it is in the interest of the United States that a clear understanding exists among the Department of Transportation and the Department of Defense, in particular, and all other Federal departments and agencies, that all Federal departments and agencies have complementary interests in the control and utilization of ocean-going merchant vessels that are registered or documented under the laws of the United States. (b) Policy.--It is the policy of the United States that-- (1) the Federal Maritime Administration and its wartime counterpart have broad powers of control over ocean-going United States-flag merchant vessels; and (2) the Secretary of Defense, operating under the national policy promulgated in section 101 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1101), ensure that military drafts of United States-flag merchant vessels (including breakbulk, roll- on-roll-off, lift-on lift-off (cellularized and containerized), multipurpose carriers, tankers, and various auxiliaries), are operated in conformity with the requirements and plans of the Department of Defense and military exigencies. SEC. 3. PURPOSE. The purpose of this Act is to-- (1) clarify the Department of Defense cargoes transported by water that are required to be transported on privately owned United States-flag vessels; (2) clarify the Department of Defense cargoes transported by water that may be transported on vessels that are owned, controlled, or chartered by the Government of the United States; and (3) reduce to a minimum the number of cargo transport vessels maintained and operated by the Military Sealift Command in order to give preference to privately owned United States- flag vessels for transportation by water of Department of Defense cargoes. SEC. 4. TRANSPORTATION BY WATER OF DEPARTMENT OF DEFENSE CARGOES. Section 2631 of title 10, United States Code, is amended to read as follows: ``Sec. 2631. Transportation by water of Department of Defense cargoes ``(a) Except as otherwise provided in this section, under conditions other than full or partial mobilization declared by the President, transportation by water for Department of Defense cargoes shall be obtained, consistent with military requirements and prudent management, in the following order of priority: ``(1) To the maximum extent practicable, use of privately owned United States-flag vessels that are-- ``(A) operating in United States liner or tramp trades, and ``(B) not chartered to the Government. ``(2)(A) Time charter or voyage charter of suitable privately owned United States-flag vessels-- ``(i) operating in liner service providing partial or total space available, or ``(ii) operating in tramp service, to the extent those vessels are voluntarily made available to the Department of Defense. ``(B) Time charters and voyage charters pursuant to this paragraph shall be kept to the minimum necessary to meet requirements which, barring reasonable foresight, cannot be met by United States-flag liner or tramp operators. ``(3)(A) In the event suitable United States-flag vessels are not available in accordance with paragraphs (1) and (2), and upon the written approval of the Secretary of Transportation, use of-- ``(i) vessels in the nucleus fleet established under section 2631a; and ``(ii) to the extent vessels in the nucleus fleet are not available, as determined by the Secretary of Defense, foreign-flag vessels to the extent necessary to meet urgent military requirements. ``(B) Any use of a foreign-flag vessel pursuant to this paragraph shall be limited to a single voyage. ``(b)(1) Except as provided in paragraph (2), any appropriate tariff that a person has filed with the Federal Maritime Commission under either the Shipping Act of 1916 or the Shipping Act of 1984 shall apply to transportation of Department of Defense cargo on any United States-flag vessel that is operated by that person. ``(2)(A) This section does not prohibit an agency that is responsible for procuring transportation of Department of Defense cargo from procuring that transportation from a person at a negotiated rate that is more favorable to the United States Government than a tariff filed by that person that is otherwise applicable under paragraph (1). ``(B) Any rate that is negotiated under this subparagraph shall be filed with the Federal Maritime Commission in the manner prescribed by the Commission. ``(c)(1) The Office of the Chief of Naval Operations shall be solely responsible in the Department of Defense for obtaining, providing, operating, and controlling Government-owned or Government- chartered vessels-- ``(A) to transport Department of Defense cargoes in areas that are not served by privately owned United States-flag merchant vessels; and ``(B) for purposes of any partial or full mobilization conducted for any reason declared by the President. ``(2)(A) The Military Sealift Command is the sole manager for ocean transportation of Department of Defense cargoes. ``(B) The purpose of any ocean transportation provided by the Department of Defense is to support and augment persons who provide transportation by water in commercial service to the extent those persons cannot provide the vessels or services required by the Department of Defense. ``(C) Except as provided in this section and section 2631a, the Department of Defense shall not engage in competition with private persons in the provision of transportation by water in commercial service.''. SEC. 5. NUCLEUS FLEET. Chapter 157 of title 10, United States Code, is amended by inserting after section 2631 the following: ``Sec. 2631a. Nucleus fleet ``(a)(1) The Secretary of Defense shall establish and maintain at all times under the exclusive custody, jurisdiction, and control of the Department of Defense, a fleet of vessels, of a size and composition appropriate to meet military requirements. Such fleet shall be known as the `nucleus fleet'. ``(2) The nucleus fleet may be comprised of-- ``(A) Government-owned vessels, operated by either-- ``(i) the Military Sealift Command or other Department of Defense agency with civil service employees, or ``(ii) companies that are citizens of the United States under section 2 of the Shipping Act, 1916, with commercial crews; or ``(B) privately owned United States-flag vessels that are chartered by the Department of Defense. ``(b)(1) Under conditions other than full mobilization, the nucleus fleet-- ``(A) shall consist of such number and types of vessels as is appropriate to respond to changes in the military situation, as determined by the Secretary of Defense; and ``(B) may include transport, cargo, tanker, roll-on roll- off, lift-on lift-off, geared, and nongeared vessels and auxiliaries in appropriate numbers-- ``(i) to carry out logistic needs of the military departments which cannot be met by private United States commercial interests; ``(ii) to provide immediate capability in an emergency; and ``(iii) to provide an adequate base for necessary expansion to meet emergency or mobilization requirements in support of approved plans for national defense, national emergency, national mobilization, or national interest. ``(2)(A) Under conditions other than full mobilization, that portion of the nucleus fleet maintained for purposes of transportation by water shall remain within close tolerance to the following numbers of vessels by types: ``(i) 10 dry cargo vessels. ``(ii) 22 tanker vessels. ``(B) The numbers set forth in subparagraph (A)(i) and (ii)-- ``(i) shall be reduced by one for each vessel deactivated under subsection (c)(2)(A) or for which a contract of charter is terminated under subsection (c)(2)(B); and ``(ii) are subject to review and redetermination by the Secretary of Defense in accordance with military operation requirements. ``(C) Any change in the composition of the nucleus fleet from the numbers and types of vessels specified in subparagraph (A)(i) and (ii) shall not be effective unless-- ``(i) a request for that change is submitted by the Secretary of the Navy to the Secretary of Defense; ``(ii) the change is approved by the Secretary of Defense; and ``(iii) the change is reported to the Congress with supporting rationale. ``(3) In addition to the numbers of vessels specified under paragraph (2), the nucleus fleet may include such miscellaneous service support vessels and naval fleet auxiliary vessels as the Military Sealift Command determines to be necessary to retain and operate for purposes of providing indirect support of other vessels of the Department of the Navy. ``(c)(1) If a vessel in the nucleus fleet is inactive for a period of 30 days, it shall be placed in reduced operating status. ``(2) If vessel in the nucleus fleet is inactive for 120 days-- ``(A) in the case of a vessel that is owned by the United States, it shall be deactivated and placed in reserve or disposed of, as considered appropriate by the Secretary of Defense; and ``(B) in the case of a privately owned vessel, the contract under which it is chartered shall be terminated on the earliest possible date. ``(d)(1) Under conditions of full mobilization, in addition to the numbers and types of vessels authorized under subsections (a), (b), and (c)-- ``(A) the nucleus fleet may be augmented by those types and numbers of vessels determined to be appropriate by the Secretary of Defense, in accordance with the priority established under section 2631(a); ``(B) the specific types of vessels to be added to the nucleus fleet, and an appropriate schedule for their transfer to or acquisition for the nucleus fleet, shall be determined only by the Chief of Naval Operations. ``(2)(A) Any vessels to be added to the nucleus fleet pursuant to paragraph (1) shall be provided by the Secretary of Transportation in accordance with mobilization procedures approved by the Secretary of Defense. ``(B) In addition to additional vessels provided under subparagraph (A) for the nucleus fleet, the Secretary of Transportation shall provide to the Secretary of Defense such additional miscellaneous service support vessels and naval fleet auxiliary vessels as the Secretary of Defense determines to be necessary for purposes of providing indirect support of other vessels of the Department of the Navy for purposes of a full mobilization. ``(3) During periods of full or partial mobilization, the Secretary of Defense shall-- ``(A) continuously review the number of merchant vessels under the control of the Department of Defense; ``(B) determine any of those vessels that are excess to the needs of the department; and ``(C) transfer to the Secretary of Transportation such excess vessels. ``(4)(A) Upon the termination of hostilities or in the event of a partial demobilization prior to the termination of hostilities, the nucleus fleet shall be reduced to the numbers and types of vessels in the fleet before full mobilization, as determined by the Secretary of Defense. ``(B) In the event of a reduction in the nucleus fleet under this paragraph, any vessels in the fleet that are retained as part of either the active or laid-up permanent operating forces of the Department of the Navy shall be released from control by the Department of Defense in the following order of priority: ``(i) Foreign-flag vessels that are under charter. ``(ii) United States-flag vessels that are under charter from private owners. ``(iii) United States Government-owned merchant vessels that are desired for sale or charter by United States citizens for United States-flag operation in commercial service. ``(C) Vessels that are sold or chartered pursuant to subparagraph (B)(iii) are deemed to be war-built vessels for purposes of the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1735 et seq.).''. SEC. 6. CLERICAL AMENDMENT. The table of sections at the beginning of chapter 157 of title 10, United States Code, is amended by striking the item relating to section 2631 and inserting the following: ``2631. Transportation by water of Department of Defense cargoes. ``2631a. Nucleus fleet.''. SEC. 7. READY RESERVE FORCE. Section 11 of the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1744) is amended by adding at the end the following: ``(e) Use of Vessels in Ready Reserve Force.-- ``(1) Use in peacetime.--Vessels in the Ready Reserve Force component of the National Defense Reserve Fleet may be used in peacetime for routine movements of cargo as part of military exercises only if that use does not compete with United States- flag commercial vessel operators. ``(2) Deactivation following national emergency.--A vessel in the Ready Reserve Force component of the National Defense Reserve Fleet that is activated to meet military sealift requirements associated with a national emergency shall be deactivated in an expeditious manner if those requirements no longer exist.''.

United States Merchant Marine Utilization and Preference Act of 1993 - Requires Department of Defense (DOD) cargoes to be transported by water in the following order of priority under conditions other than full or partial mobilization declared by the President: (1) use of privately owned U.S. flag vessels that operate in U.S. liner or tramp trades and not chartered by the Government; (2) time or voyage charter of privately owned U.S. flag vessels operating in liner service providing partial or total space available or in tramp service if they are voluntarily made available to DOD; (3) vessels in the nucleus fleet; and (4) foreign flag vessels. Limits the use of time and voyage charters to a minimum necessary to meet requirements which can not be met by U.S. flag liner or tramp operators. Applies the tariff filed by a person with the Federal Maritime Commission under the Shipping Act of 1916 or of 1984 to transportation of DOD cargo on any U.S. flag-vessel that is operated by that person, with exceptions. Makes the Military Sealift Command the sole manager for ocean transportation of DOD cargoes. Prohibits DOD from engaging in competition with private persons in the provision of transportation by water in commercial service except as provided under this Act. Directs the Secretary of Defense to maintain a fleet of vessels (the "nucleus fleet") to meet military requirements. Places a vessel in the nucleus fleet in reduced operating status if it is inactive for a 30-day period. Sets forth additional requirements for the deactivation of vessels. Prescribes guidelines for the inclusion of additional numbers and types of vessels in the nucleus fleet under conditions of full mobilization. Amends the Merchant Ship Sales Act of 1946 to authorize the use of Ready Reserve Force vessels of the National Defense Reserve Fleet in peacetime for routine movements of cargo as part of military exercises only if such use does not compete with U.S. flag commercial vessel operators.

United States Merchant Marine Utilization and Preference Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Americans with Disabilities Act Restoration Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) Physical and mental impairments are natural parts of the human condition as are race, gender, national origin, and sex. (2) Discrimination results when individuals with actual or perceived physical or mental impairments are met with attitudinal, societal, and physical barriers in society. (3) The use of mitigating measures by an individual does not change the fact that the individual has a physical or mental impairment, nor should the use of a mitigating measure by an individual insulate covered entities from liability for discriminatory practices and policies. (4) The Americans with Disabilities Act of 1990 has not been interpreted by the courts, including the Supreme Court, as intended by Congress. The courts have significantly limited the intended reach of the Americans with Disabilities Act, allowing many individuals with actual or perceived impairments to be subject to discrimination. (5) It is necessary to restore the intent of the Americans with Disabilities Act to fully remove the barriers that confront disabled Americans and to permit all people to fully participate in society. SEC. 3. DISABILITY DEFINED. Section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102) is amended-- (1) by amending paragraph (2) to read as follows: ``(2) Disability.-- ``(A) In general.--The term `disability' means, with respect to an individual-- ``(i) a physical or mental impairment; ``(ii) a record of a physical or mental impairment; or ``(iii) a perceived physical or mental impairment. ``(B) Rule of construction.--The existence of a physical or mental impairment or record or perception of a physical or mental impairment shall be determined without taking into account an individual's use of mitigating measures or whether the impairment is episodic, short term, or long term.''; and (2) by redesignating paragraph (3) as paragraph (7) and inserting after paragraph (2) the following: ``(3) Physical impairment.--The term `physical impairment' means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin and endocrine. ``(4) Mental impairment.--The term `mental impairment' means any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. ``(5) Record of physical or mental impairment.--The term `record of physical or mental impairment' means having a history of, or having been misclassified as having, a physical or mental impairment. ``(6) Perceived physical or mental impairment.--The term `perceived physical or mental impairment' means not having an impairment as set forth in paragraph (2)(A)(i) or (ii), but being regarded as having, or treated as having, a physical or mental impairment.''. SEC. 4. DISCRIMINATION ON THE BASIS OF DISABILITY. The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) is further amended-- (1) in section 2(b), by striking ``against individuals with disabilities'' each place it appears and inserting ``on the basis of disability''; and (2) in section 102(a), by striking ``against a qualified individual with a disability because of the disability of such individual'' and inserting ``against an individual on the basis of disability''. SEC. 5. QUALIFIED INDIVIDUAL. (a) Defense.--Section 103, by redesignating subsections (a) through (d) as subsections (b) through (e), respectively, and inserting before such subsection (b) (as so redesignated) the following: ``(a) In General.--It may be a defense to a charge of discrimination under this title that the individual with a disability alleging discrimination is not a qualified individual, as such term is defined in section 101(8).''. (b) Qualified Individual.--Title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) is further amended-- (1) in section 101(8)-- (A) in the paragraph heading, by striking ``with a disability''; and (B) by striking ``with a disability'' after ``individual'' both places it appears; (2) in section 102(b)(5), by striking ``with a disability'' after ``individual'' both places it appears; and (3) in section 104-- (A) in subsection (a)-- (i) in the subsection heading, by striking ``With a Disability''; and (ii) by striking ``with a disability'' after ``individual''; and (B) in subsection (b), in the matter preceding paragraph (1), by striking ``with a disability''. SEC. 6. RULE OF CONSTRUCTION. Section 501 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201) is amended by adding at the end the following: ``(e) Broad Construction.--In order to ensure that this Act achieves its purpose under section 2(b) of providing a comprehensive prohibition of discrimination on the basis of disability, the provisions of this Act shall be broadly construed to advance their remedial purpose.''.

Americans with Disabilities Act Restoration Act of 2006 - Amends the Americans with Disabilities Act of 1990 to revise the definition of disability and to define: (1) physical impairment; (2) mental impairment; (3) record of physical or mental impairment; and (4) perceived physical or mental impairment. States a rule of construction that the existence of such an impairment, record, or perception shall be determined without taking into account an individual's use of mitigating measures or whether the impairment is episodic, short term, or long term. Provides that it may be a defense to a charge of discrimination that the individual with a disability alleging discrimination is not a qualified individual as defined in such Act. Declares that this Act shall be broadly construed to advance its remedial purpose of providing a comprehensive prohibition against discrimination on the basis of disability.

To restore the intent of the Americans with Disabilities Act of 1990 to more fully remove the barriers that confront disabled Americans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia-Maryland Reunion Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Residents of Washington, DC pay Federal income tax, but do not have voting members in the United States Congress. (2) Article I, section 2, clause 1 of the United States Constitution states that the ``House of Representatives shall be composed of members chosen every second year by the people of the several states.''. (3) The Founding Fathers did not consider the proposed district that would become Washington, DC a State under the Constitution, as evidenced when Alexander Hamilton offered an amendment to the Constitution during the New York ratification to provide full congressional representation to Washington, DC, but the convention rejected the amendment on July 22, 1788. Thomas Tredwell stated at the same convention that the plan for Washington, DC ``departs from every principle of freedom'' because it did not give residents full representation in Congress. (4) Chief Justice Marshall held in Hepburn v. Ellzey in 1805 that the term ``states'' in article I, section 2, clause 1 of the Constitution does not include Washington, DC for representation purposes. (5) Seven Supreme Court Justices affirmed Chief Justice Marshall's Hepburn reasoning in National Mut. Ins. Co. of Dist. of Col. v. Tidewater Transfer Co. in 1949. (6) A Democrat-controlled Congress in 1978 attempted to amend the Constitution to provide Washington, DC with full congressional representation. The Committee on the Judiciary of the House of Representatives reported the resolution and stated that granting congressional representation to the District of Columbia as it is presently constituted would require a constitutional amendment, because ``statutory action alone will not suffice''. (7) Proposals to grant Washington, DC congressional representation will inevitably be challenged in court, calling into question the validity of any narrowly passed legislation that a Washington, DC member votes on and leaving Washington, DC residents in a continued state of flux over their status. (8) Amending the Constitution requires two-thirds approval by each house of Congress and ratification by three-fourths of the States. In 1978, there was success in obtaining a favorable vote from two-thirds of both the House and the Senate on a constitutional amendment to provide Washington, DC with full congressional representation, but the requirement for ratification by three-fourths of the States could not be obtained. (9) An alternative to a potentially lengthy and difficult constitutional amendment process is ceding Washington, DC back to Maryland, just as an area of 31 square miles that was originally ceded by Virginia was returned to that State by Federal legislation in 1847, thereby ensuring that the portion of Washington, DC in Virginia would have Senate and House representation. (10) In 1847, there was a desire to allow the District of Columbia land on the west side of the Potomac River that was not being used by the Federal Government to have its own proper representation in Congress. (11) Obtaining the desired representation for this portion of Washington, DC would have required a constitutional amendment unless the land were given back to Virginia. (12) Instead of trying to pass a constitutional amendment, Congress in 1847 legislatively ceded back to Virginia from the District of Columbia the non-Federal land composed of 31 square miles on the west side of the Potomac River. (13) Accordingly, the District of Columbia would clearly and constitutionally have 2 Senators and a Representative with full voting rights by ceding the District of Columbia to Maryland after Maryland's acceptance of such retrocession, while maintaining the exclusive legislative authority and control of Congress over the National Capital Service Area in the District of Columbia. SEC. 3. RETROCESSION OF DISTRICT OF COLUMBIA TO MARYLAND. (a) In General.--Upon the issuance of a proclamation by the President under section 8 and except as provided in subsection (b), the territory ceded to Congress by the State of Maryland to serve as the District constituting the permanent seat of the Government of the United States is ceded and relinquished to the State of Maryland. (b) Continuation of Federal Control Over National Capital Service Area.--Notwithstanding subsection (a), the National Capital Service Area described in section 5 shall not be ceded and relinquished to the State of Maryland and shall continue to serve as the permanent seat of the Government of the United States, and Congress shall continue to exercise exclusive legislative authority and control over such Area. SEC. 4. EFFECT ON JUDICIAL PROCEEDINGS IN DISTRICT OF COLUMBIA. (a) Continuation of Suits.--No writ, action, indictment, cause, or proceeding pending in any court of the District of Columbia on the effective date of this Act shall abate as a result of the enactment of this Act, but shall be transferred and shall proceed within such appropriate court of the State of Maryland as established under the laws or constitution of the State of Maryland. (b) Appeals.--An order or decision of any court of the District of Columbia for which no appeal has been filed as of the effective date of this Act shall be considered an order or decision of a court of the State of Maryland for purposes of appeal from and appellate review of such order or decision in an appropriate court of the State of Maryland. SEC. 5. NATIONAL CAPITAL SERVICE AREA. (a) Description.--The National Capital Service Area referred to in section 3(b) is comprised of the principal Federal monuments, the White House, the United States Capitol, the United States Supreme Court Building, and the Federal executive, legislative, and judicial office buildings located adjacent to the Mall and the United States Capitol (but shall not include the District Building), and is more particularly described as the territory located within the following boundaries: Beginning at the point on the present Virginia-District of Columbia boundary due west of the northernmost point of Theodore Roosevelt Island and running due east of the eastern shore of the Potomac River; thence generally south along the shore at the mean high water mark to the northwest corner of the Kennedy Center; thence east along the north side of the Kennedy Center to a point where it reaches the E Street Expressway; thence east on the expressway to E Street Northwest and thence east on E Street Northwest to Nineteenth Street Northwest; thence north on Nineteenth Street Northwest to F Street Northwest; thence east on F Street Northwest to Eighteenth Street Northwest; thence south on Eighteenth Street Northwest to Constitution Avenue Northwest; thence east on Constitution Avenue to Seventeenth Street Northwest; thence north on Seventeenth Street Northwest to H Street Northwest; thence east on H Street Northwest to Madison Place Northwest; thence south on Madison Place Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue Northwest to Fifteenth Street Northwest; thence south on Fifteenth Street Northwest to Pennsylvania Avenue Northwest; thence southeast on Pennsylvania Avenue Northwest to Tenth Street Northwest; thence north on Tenth Street Northwest to E Street Northwest; thence east on E Street Northwest to Ninth Street Northwest; thence south on Ninth Street Northwest to Pennsylvania Avenue Northwest; thence southeast on Pennsylvania Avenue Northwest to John Marshall Place Northwest; thence north on John Marshall Place Northwest to C Street Northwest; thence east on C Street Northwest to Third Street Northwest; thence north on Third Street Northwest to D Street Northwest; thence east on D Street Northwest to Second Street Northwest; thence south on Second Street Northwest to the intersection of Constitution Avenue Northwest and Louisiana Avenue Northwest; thence northeast on Louisiana Avenue Northwest to North Capitol Street; thence north on North Capitol Street to Massachusetts Avenue Northwest; thence southeast on Massachusetts Avenue Northwest so as to encompass Union Square; thence following Union Square to F Street Northeast; thence east on F Street Northeast to Second Street Northeast; thence south on Second Street Northeast to D Street Northeast; thence west on D Street Northeast to First Street Northeast; thence south on First Street Northeast to C Street Northeast; thence east on C Street Northeast to Third Street Northeast; thence south on Third Street Northeast to Maryland Avenue Northeast; thence south and west on Maryland Avenue Northeast to Constitution Avenue Northeast; thence west on Constitution Avenue Northeast to First Street Northeast; thence south on First Street Northeast to Maryland Avenue Northeast; thence generally north and east on Maryland Avenue to Second Street Northeast; thence south on Second Street Northeast to East Capitol Street; thence east on East Capitol Street to Third Street Northeast; thence south on Third Street Northeast to Independence Avenue Southeast; thence west on Independence Avenue Southeast to Second Street Southeast; thence south on Second Street Southeast to C Street Southeast; thence west on C Street Southeast to New Jersey Avenue Southeast; thence south on New Jersey Avenue Southeast to D Street Southeast; thence west on D Street Southeast to Washington Avenue Southwest; thence north and west on Washington Avenue Southwest to the intersection of Independence Avenue Southwest and Second Street Southwest; thence south on Second Street Southwest to Virginia Avenue Southwest; thence generally west on Virginia Avenue to Third Street Southwest; thence north on Third Street Southwest to C Street Southwest; thence west on C Street Southwest to Sixth Street Southwest; thence south on Sixth Street Southwest to E Street Southwest; thence west on E Street Southwest to Seventh Street Southwest; thence north on Seventh Street Southwest to Maryland Avenue Southwest; thence west on Maryland Avenue Southwest to Ninth Street Southwest; thence north on Ninth Street Southwest to Independence Avenue Southwest; thence west on Independence Avenue Southwest to Twelfth Street Southwest; thence south on Twelfth Street Southwest to D Street Southwest; thence west on D Street Southwest to Fourteenth Street Southwest; thence south on Fourteenth Street Southwest to the middle of the Washington Channel; thence generally south and east along the midchannel of the Washington Channel to a point due west of the northern boundary line of Fort Lesley McNair; thence due east to the side of the Washington Channel; thence following generally south and east along the side of the Washington Channel at the mean high water mark, to the point of confluence with the Anacostia River, and along the northern shore at the mean high water mark to the northernmost point of the Eleventh Street Bridge; thence generally south and west along such shore at the mean high water mark to the point of confluence of the Anacostia and Potomac Rivers; thence generally south and east along the northern side of the Eleventh Street Bridge to the eastern shore of the Anacostia River; thence generally south along the eastern shore at the mean high water mark of the Potomac River to the point where it meets the present southeastern boundary line of the District of Columbia; thence south and west along such southeastern boundary line to the point where it meets the present Virginia-District of Columbia boundary; thence generally north and west up the Potomac River along the Virginia-District of Columbia boundary to the point of beginning. (b) Streets and Sidewalks.--The National Capital Service Area shall include any street (and sidewalk thereof) that bounds such Area. (c) Affronting or Abutting Federal Real Property.-- (1) In general.--The National Capital Service Area shall include any Federal real property affronting or abutting such Area as of the effective date of this Act. (2) Property included.--For purposes of paragraph (1), Federal real property affronting or abutting the National Capital Service Area-- (A) shall include the Department of Housing and Urban Development Building, the Department of Energy Building, Fort Lesley McNair, the Washington Navy Yard, the Anacostia Naval Annex, the United States Naval Station, Bolling Air Force Base, and the Naval Research Laboratory; and (B) shall not include any portion of Rock Creek Park, any portion of Anacostia Park east of the northern side of the Eleventh Street Bridge, or any territory not located in the District of Columbia on the day before the date of the enactment of this Act. SEC. 6. TRANSITION PROVISIONS RELATING TO HOUSE OF REPRESENTATIVES. (a) Temporary Increase in Apportionment.-- (1) In general.--Until the taking effect of the first reapportionment occurring after the effective date of this Act-- (A) the individual serving as the Delegate to the House of Representatives from the District of Columbia shall serve as a member of the House of Representatives from the State of Maryland; (B) the State of Maryland shall be entitled to 1 additional Representative until the taking effect of such reapportionment; and (C) such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law. (2) Increase not counted against total number of members.-- The temporary increase in the membership of the House of Representatives provided under paragraph (1) shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (37 Stat. 13; 2 U.S.C. 2), nor shall such temporary increase affect the basis of reapportionment established by the Act of November 15, 1941 (55 Stat. 761; 2 U.S.C. 2a), for the 82nd Congress and each Congress thereafter. (b) Repeal of Laws Providing for Delegate From the District of Columbia.-- (1) In general.--Sections 202 and 204 of the District of Columbia Delegate Act (Public Law 91-405; sections 1-401 and 1- 402, D.C. Official Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted. (2) Effective date.--The amendments made by this subsection shall take effect on the date on which the individual serving as the Delegate to the House of Representatives from the District of Columbia first serves as a member of the House of Representatives from the State of Maryland. SEC. 7. EFFECT ON OTHER LAWS. No law or regulation which is in force on the effective date of this Act shall be deemed amended or repealed by this Act except to the extent specifically provided in this Act, or to the extent that such law or regulation is inconsistent with this Act. SEC. 8. PROCLAMATION REGARDING ACCEPTANCE OF RETROCESSION BY MARYLAND. (a) Proclamation by State of Maryland.--Not later than 30 days after the State of Maryland enacts legislation accepting the retrocession described in section 3(a), the President shall issue a proclamation announcing such acceptance and declaring that the territory ceded to Congress by the State of Maryland to serve as the District constituting the permanent seat of the Government of the United States has been ceded back to the State of Maryland. (b) Report by Congressional Budget Office on Economic Impact.-- (1) In general.--The Director of the Congressional Budget Office shall prepare a report analyzing the anticipated economic impact on the State of Maryland of the State's acceptance of the retrocession described in section 3(a), including the anticipated effect on the budgets of the State government and local governments, and shall submit the report to Congress and the governor of Maryland. (2) Delay in enactment of legislation.--The State of Maryland may not enact legislation accepting the retrocession described in section 3(a) until the expiration of the 1-year period which begins on the date the Director of the Congressional Budget Office submits the report prepared under paragraph (1) to the governor of Maryland. SEC. 9. EFFECTIVE DATE. The provisions of this Act and the amendments made by this Act shall take effect on the date the President issues a proclamation under section 8 or the date of the ratification of an amendment to the Constitution of the United States repealing the twenty-third article of amendment to the Constitution, whichever comes later.

District of Columbia-Maryland Reunion Act - Cedes the District of Columbia to Maryland after Maryland's acceptance of such retrocession. Declares that the National Capital Service Area in the District of Columbia shall not be ceded and relinquished to such state and shall continue to serve as the permanent seat of the federal government. Maintains the exclusive legislative authority and control of Congress over the Area.

To provide for the retrocession of the District of Columbia to Maryland, and for other purposes.

SECTION 1. DEVELOPMENT OF BEST PRACTICES FOR THE USE OF PRESCRIPTION OPIOIDS. (a) Definitions.--In this section-- (1) the term ``Secretary'' means the Secretary of Health and Human Services; and (2) the term ``task force'' means the Pain Management Best Practices Inter-Agency Task Force convened under subsection (b). (b) Inter-Agency Task Force.--Not later than December 14, 2018, the Secretary, in cooperation with the Secretary of Veterans Affairs, the Secretary of Defense, and the Administrator of the Drug Enforcement Administration, shall convene a Pain Management Best Practices Inter- Agency Task Force to review, modify, and update, as appropriate, best practices for pain management (including chronic and acute pain) and prescribing pain medication. (c) Membership.--The task force shall be comprised of-- (1) representatives of-- (A) the Department of Health and Human Services; (B) the Department of Veterans Affairs; (C) the Food and Drug Administration; (D) the Department of Defense; (E) the Drug Enforcement Administration; (F) the Centers for Disease Control and Prevention; (G) the Health Resources and Services Administration; (H) the Indian Health Service; (I) the National Academy of Medicine; (J) the National Institutes of Health; (K) the Office of National Drug Control Policy; (L) the Substance Abuse and Mental Health Services Administration; and (M) the Office of Women's Health; (2) State medical boards; (3) subject to subsection (e), physicians, dentists, and nonphysician prescribers; (4) hospitals; (5) subject to subsection (e), pharmacists and pharmacies; (6) first responders; (7) experts in the fields of pain research and addiction research; (8) experts in the fields of adolescent and young adult addiction research; (9) representatives of-- (A) pain management professional organizations; (B) the mental health treatment community; (C) the addiction treatment and recovery community; (D) pain advocacy groups; (E) veteran service organizations; and (F) groups with expertise on overdose reversal; (10) a person in recovery from addiction to medication for chronic pain; (11) a person in recovery from addiction to medication for chronic pain, whose addiction began in adolescence or young adulthood; (12) a person with chronic pain; (13) an expert on active duty military, armed forces personnel, and veteran health and prescription opioid addiction; (14) an expert in the field of minority health; and (15) other stakeholders, as the Secretary determines appropriate. (d) Condition on Participation on Task Force.--An individual representing a profession or entity described in paragraph (3) or (5) of subsection (c) may not serve as a member of the task force unless such individual-- (1) is currently licensed in a State in which such individual is practicing (as defined by such State) such profession (or, in the case of an individual representing an entity, a State in which the entity is engaged in business); and (2) is currently practicing (as defined by such State) such profession (or, in the case of an individual representing an entity, the entity is in operation). (e) Duties.--The task force shall-- (1) not later than 180 days after the date on which the task force is convened under subsection (b), review, modify, and update, as appropriate, best practices for pain management (including chronic and acute pain) and prescribing pain medication, taking into consideration-- (A) existing pain management research; (B) research on trends in areas and communities in which the prescription opioid abuse rate and fatality rate exceed the national average prescription opioid abuse rate and fatality rate; (C) recommendations from relevant conferences and existing relevant evidence-based guidelines; (D) ongoing efforts at the State and local levels and by medical professional organizations to develop improved pain management strategies, including consideration of differences within and between classes of opioids, the availability of opioids with abuse deterrent technology, and pharmacological, nonpharmacological, medical device alternatives to opioids to reduce opioid monotherapy in appropriate cases and the coordination of information collected from State prescription drug monitoring programs for the purpose of preventing the diversion of pain medication; (E) ongoing efforts at the Federal, State, and local levels to examine the potential benefits of electronic prescribing of opioids, including any public comments collected in the course of those efforts; (F) the management of high-risk populations, other than populations who suffer pain, who-- (i) may use or be prescribed benzodiazepines, alcohol, and diverted opioids; or (ii) receive opioids in the course of medical care; (G) the distinct needs of adolescents and young adults with respect to pain management, pain medication, substance use disorder, and medication- assisted treatment; (H) the 2016 Guideline for Prescribing Opioids for Chronic Pain issued by the Centers for Disease Control and Prevention; (I) the practice of co-prescribing naloxone for both pain patients receiving chronic opioid therapy and patients being treated for opioid use disorders; (J) research that has been, or is being, conducted or supported by the Federal Government on prevention of, treatment for, and recovery from substance use by and substance use disorders among adolescents and young adults relative to any unique circumstances (including social and biological circumstances) of adolescents and young adults that may make adolescent-specific and young adult-specific treatment protocols necessary, including any effects that substance use and substance use disorders may have on brain development and the implications for treatment and recovery; (K) Federal non-research programs and activities that address prevention of, treatment for, and recovery from substance use by and substance use disorders among adolescents and young adults, including an assessment of the effectiveness of such programs and activities in-- (i) preventing substance use by and substance use disorders among adolescents and young adults; (ii) treating such adolescents and young adults in a way that accounts for any unique circumstances faced by adolescents and young adults; and (iii) supporting long-term recovery among adolescents and young adults; and (L) gaps that have been identified by Federal officials and experts in Federal efforts relating to prevention of, treatment for, and recovery from substance use by and substance use disorders among adolescents and young adults, including gaps in research, data collection, and measures to evaluate the effectiveness of Federal efforts, and the reasons for such gaps; (2) solicit and take into consideration public comment on the practices developed under paragraph (1), amending such best practices if appropriate; (3) develop a strategy for disseminating information about the best practices developed under paragraphs (1) and (2) to prescribers, pharmacists, State medical boards, educational institutions that educate prescribers and pharmacists, and other parties, as the Secretary determines appropriate; (4) review, modify, and update best practices for pain management and prescribing pain medication, specifically as it pertains to physician education and consumer education; and (5) examine and identify-- (A) the extent of the need for the development of new pharmacological, nonpharmacological, and medical device alternatives to opioids; (B) the current status of research efforts to develop such alternatives; and (C) the pharmacological, nonpharmacological, and medical device alternatives to opioids that are currently available that could be better utilized. (f) Consideration of Study Results.--In reviewing, modifying, and updating, best practices for pain management and prescribing pain medication, the task force shall take into consideration existing private sector, State, and local government efforts related to pain management and prescribing pain medication. (g) Limitation.--The task force shall not have rulemaking authority. (h) Report.--Not later than 270 days after the date on which the task force is convened under subsection (b), the task force shall submit to Congress a report that includes-- (1) the strategy for disseminating best practices for pain management (including chronic and acute pain) and prescribing pain medication, as developed under subsection (e); (2) the results of a feasibility study on linking the best practices described in paragraph (1) to receiving and renewing registrations under section 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)); (3) recommendations for effectively applying the best practices described in paragraph (1) to improve prescribing practices at medical facilities, including medical facilities of the Veterans Health Administration and Indian Health Service; (4) the modified and updated best practices described in subsection (e)(4); and (5) the results of the examination and identification conducted pursuant to subsection (e)(4), and recommendations regarding-- (A) the development of new pharmacological, nonpharmacological, and medical device alternatives to opioids; and (B) the improved utilization of pharmacological, nonpharmacological, and medical device alternatives to opioids that are currently available. Passed the House of Representatives May 11, 2016. Attest: KAREN L. HAAS, Clerk.

(Sec. 1) This bill requires the Department of Health and Human Services to convene a Pain Management Best Practices Inter-Agency Task Force to: (1) review, modify, and update best practices for pain management and prescribing pain medication; and (2) examine and identify the need for, development of, and availability of medical alternatives to opioids (drugs with effects similar to opium, such as certain pain medications). The task force must submit a report that includes: (1) the modified and updated best practices; (2) a strategy for disseminating the best practices; (3) the feasibility of linking the best practices to Drug Enforcement Administration registration of manufacturers, distributors, and dispensers of controlled substances; (4) recommendations for effectively applying the best practices at medical facilities; and (5) recommendations regarding medical alternatives to opioids.

To provide for the establishment of an inter-agency task force to review, modify, and update best practices for pain management and prescribing pain medication, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ninth Circuit Court of Appeals Reorganization Act of 1997''. SEC. 2. NUMBER AND COMPOSITION OF CIRCUITS. Section 41 of title 28, United States Code, is amended-- (1) in the matter before the table, by striking ``thirteen'' and inserting ``fourteen''; (2) in the table, by striking the item relating to the ninth circuit and inserting the following new item: ``Ninth........................ Arizona, California, Hawaii, Nevada, Guam, Northern Mariana Islands.''; and (3) between the last 2 items of the table, by inserting the following new item: ``Twelfth...................... Alaska, Idaho, Montana, Oregon, Washington.''. SEC. 3. NUMBER OF CIRCUIT JUDGES. The table in section 44(a) of title 28, United States Code, is amended-- (1) by striking the item relating to the ninth circuit and inserting the following new item: ``Ninth..................................................... 19''; and (2) by inserting between the last 2 items at the end thereof the following new item: ``Twelfth................................................... 7''. SEC. 4. PLACES OF CIRCUIT COURT. The table in section 48 of title 28, United States Code, is amended-- (1) by striking the item relating to the ninth circuit and inserting the following new item: ``Ninth........................ San Francisco, Los Angeles.''; and (2) by inserting between the last 2 items at the end thereof the following new item: ``Twelfth...................... Portland, Seattle.''. SEC. 5. ASSIGNMENT OF CIRCUIT JUDGES. Each circuit judge in regular active service of the former ninth circuit whose official station on the day before the effective date of this Act-- (1) is in Arizona, California, Hawaii, Nevada, Guam, or the Northern Mariana Islands is assigned as a circuit judge of the new ninth circuit; and (2) is in Alaska, Idaho, Montana, Oregon, or Washington is assigned as a circuit judge of the twelfth circuit. SEC. 6. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. Each judge who is a senior judge of the former ninth circuit on the day before the effective date of this Act may elect to be assigned to the new ninth circuit or to the twelfth circuit and shall notify the Director of the Administrative Office of the United States Courts of such election. SEC. 7. SENIORITY OF JUDGES. The seniority of each judge-- (1) who is assigned under section 5 of this Act; or (2) who elects to be assigned under section 6 of this Act; shall run from the date of commission of such judge as a judge of the former ninth circuit. SEC. 8. APPLICATION TO CASES. The provisions of the following paragraphs of this section apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former ninth circuit: (1) If the matter has been submitted for decision, further proceedings in respect of the matter shall be had in the same manner and with the same effect as if this Act had not been enacted. (2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which it would have gone had this Act been in full force and effect at the time such appeal was taken or other proceeding commenced, and further proceedings in respect of the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court. (3) A petition for rehearing or a petition for rehearing en banc in a matter decided before the effective date of this Act, or submitted before the effective date of this Act and decided on or after the effective date as provided in paragraph (1) of this section, shall be treated in the same manner and with the same effect as though this Act had not been enacted. If a petition for rehearing en banc is granted, the matter shall be reheard by a court comprised as though this Act had not been enacted. SEC. 9. DEFINITIONS. For purposes of this Act, the term-- (1) ``former ninth circuit'' means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act; (2) ``new ninth circuit'' means the ninth judicial circuit of the United States established by the amendment made by section 2(2) of this Act; and (3) ``twelfth circuit'' means the twelfth judicial circuit of the United States established by the amendment made by section 2(3) of this Act. SEC. 10. ADMINISTRATION. The court of appeals for the ninth circuit as constituted on the day before the effective date of this Act may take such administrative action as may be required to carry out this Act. Such court shall cease to exist for administrative purposes on July 1, 1999. SEC. 11. EFFECTIVE DATE. This Act and the amendments made by this Act shall become effective on October 1, 1997.

Ninth Circuit Court of Appeals Reorganization Act of 1997 - Divides the current U.S. Court of Appeals for the ninth circuit into the following two circuits: (1) the ninth circuit composed of Arizona, California, Hawaii, Nevada, Guam, and the Northern Mariana Islands, consisting of 19 judges, and holding regular sessions in San Francisco and Los Angeles; and (2) the twelfth circuit, composed of Alaska, Idaho, Montana, Oregon, and Washington, consisting of seven judges, and holding regular sessions in Portland and Seattle. Assigns circuit judges of the former ninth circuit to either of the two new circuits based upon their official station, with senior judges permitted election of assignment.

Ninth Circuit Court of Appeals Reorganization Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Owners Mitigate Effectively Act of 2014'' or the ``HOME Act of 2014''. SEC. 2. DELAY IN FLOOD INSURANCE RATE CHANGES. (a) Delay.--Notwithstanding any other provision of law, any change in risk premium rates for flood insurance under the National Flood Insurance Program resulting from the amendments made by sections 100205 and 100207 of the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-141; 126 Stat. 917) to sections 1307 and 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014 and 4015) shall not take effect until the expiration of the 5-year period that begins upon the date of the enactment of the Biggert-Waters Flood Insurance Reform Act of 2012. (b) Effective Date.--The amendments made by subsection (a) shall take effect as if enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-141; 126 Stat. 916). SEC. 3. CAP ON ANNUAL COST OF FLOOD INSURANCE. Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended-- (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection:. ``(i) Maximum Annual Premium.--Notwithstanding any other provision of this title, the maximum annual chargeable premium rate for a property shall be the appraised value of the property at the time of the purchase of the property by the current owner of the property divided by 30.''. SEC. 4. CREDIT FOR CERTAIN QUALIFIED FLOOD MITIGATION EXPENSES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30E. QUALIFIED FLOOD MITIGATION EXPENSES. ``(a) In General.--In the case of a qualified taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified flood mitigation expenses paid or incurred by the taxpayer for the taxable year. ``(b) Limitations.--The amount allowed as a credit under subsection (a) for a taxable year shall not exceed $7,500. ``(c) Qualified Taxpayer.-- ``(1) In general.--For purposes of this section, the term `qualified taxpayer' means a taxpayer who is the holder of a policy for flood insurance coverage under the national flood insurance program under the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.). ``(2) Business employers must be small.-- ``(A) In general.--In the case of a taxpayer which is a trade or business, for purposes of this section the term `qualified taxpayer' shall not include any taxpayer which employed an average of more than 50 employees on business days during such taxable year. ``(B) Controlled groups.--For purposes of subparagraph (A), all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single employer. ``(d) Qualified Flood Mitigation Expenses.--The term `qualified flood mitigation expenses' shall have the meaning given such term by the Administrator of the Federal Emergency Management Agency. ``(e) Partnership, S Corporations, and Other Pass-Thru Entities.-- In the case of a partnership, trust, S corporation, or other pass-thru entity, the credit and limitations contained in this section shall be determined at the entity level. ``(f) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is determined with respect to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart C for such taxable year. ``(g) Termination.--Subsection (a) shall not apply to any amount paid or incurred after December 31, 2022.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of section (36) and inserting ``, plus'', and by inserting after paragraph (36) the following new paragraph: ``(37) the portion of the credit for qualified flood mitigation expenses to which section 30E(f)(1) applies.''. (2) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``30E(f)(2),'' after ``25A,''. (3) The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 30E. Qualified flood mitigation expenses.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after December 31, 2012. SEC. 5. AFFORDABILITY STUDY. Section 100236 of the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-141; 126 Stat. 957) is amended-- (1) in subsection (c), by striking ``Not'' and inserting the following: ``Subject to subsection (e), not''; (2) in subsection (d)-- (A) by striking ``(d) Funding.--Notwithstanding'' and inserting the following: ``(d) Funding.-- ``(1) National flood insurance fund.--Notwithstanding''; and (B) by adding at the end the following new paragraph: ``(2) Other funding sources.--To carry out this section, in addition to the amount made available under paragraph (1), the Administrator may use any other amounts that are available to the Administrator.''; and (3) by adding at the end the following new subsection ``(e) Alternative.--If the Administrator determines that the report required under subsection (c) cannot be submitted by the date specified under subsection (c)-- ``(1) the Administrator shall notify, not later than 60 days after the date of enactment of this subsection, the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives of an alternative method of gathering the information required under this section; ``(2) the Administrator shall submit, not later than 180 days after the Administrator submits the notification required under paragraph (1), to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives the information gathered using the alternative method described in paragraph (1); and ``(3) upon the submission of information required under paragraph (2), the requirement under subsection (c) shall be deemed satisfied.''. SEC. 6. INCREASED FUNDING FOR MITIGATION PROGRAMS. (a) Predisaster Hazard Mitigation.--Section 203(m) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ``; and''; and (3) by adding at the end the following: ``(4) $300,000,000 for each of fiscal years 2014 through 2018.''. (b) Flood Hazard Mitigation Assistance.--There is authorized to be appropriated for financial assistance under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) $210,000,000 for each of fiscal years 2014 through 2018. Any amounts appropriated pursuant to this subsection shall be in addition to amounts made available from the National Flood Mitigation Fund under section 1367 of such Act (42 U.S.C. 4104d) for such assistance during such fiscal years.

Helping Owners Mitigate Effectively Act of 2014 or the HOME Act of 2014 - Delays any change in risk premium rates for flood insurance under the National Flood Insurance Program resulting from amendments made by the Biggert-Waters Flood Insurance Reform Act of 2012 (Biggert-Waters Act) until five years after the enactment date of such Act. Amends the National Flood Insurance Act of 1968 to provide that the maximum annual chargeable flood insurance premium rate for a property shall be the appraised value of the property when purchased by its current owner divided by 30. Amends the Internal Revenue Code to allow a tax credit of up to $7,500 for flood mitigation expenses in a taxable year for policy holders of flood insurance coverage and small businesses. Terminates such credit after December 31, 2022 Amends the Biggert-Waters Act to authorize the Administrator of the Federal Emergency Management Agency (FEMA) to use any other amounts available to the Administrator to carry out the the study of participation in the National Flood Insurance Program and of the affordability of risk-based premiums under such Program. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize increased appropriations for predisaster hazard mitigation for FY2014-FY2018.  Authorizes appropriations for flood risk mitigation assistance for FY2014-FY2018.

HOME Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Services and Infrastructure Improvements Act of 2000''. SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Applications for naturalization have increased dramatically in recent years, outpacing the Immigration and Naturalization Service's ability to process them. (2) The dramatic increase in applications for naturalization and the inability of the Immigration and Naturalization Service to deal with them adequately has resulted in an unacceptably large backlog in naturalization adjudications. (3) The processing times in the Immigration and Naturalization Service's other immigration benefits have been unacceptably long. Applicants for family- and employment-based visas are waiting as long as 3 to 4 years to obtain a visa or an adjustment to lawful permanent resident status. (4) In California, the delays in processing adjustment of status applications have averaged 52 months. In Texas, the delays have averaged 69 months. Residents of New York have had to wait up to 28 months; in Florida, 26 months; in Illinois, 37 months; in Oregon, 31 months; and in Arizona, 49 months. Most other States have experienced unacceptably long processing and adjudication delays. (5) Applicants pay fees to have their applications adjudicated in a timely manner. These fees have increased dramatically in recent years without a commensurate increase in the capability of that Immigration and Naturalization Service to process and adjudicate these cases in an efficient manner. (6) Processing these applications in a timely fashion is critical. Each 12-month delay in adjudicating an adjustment of status application requires the alien to file applications to extend employment authorization to work and advance parole documents to travel. (7) The enormous delays in processing applications for families and businesses have had a negative impact on the reunification of spouses and minor children and the ability of law-abiding and contributing members of our communities to participate fully in the civic life of the United States. (8) United States employers have also experienced debilitating delays in hiring employees who contribute to the economic growth of the United States. These delays have forced employers to send highly skilled and valued employees out of the United States because their immigrant petitions were not approved in a timely fashion. Such disruptions seriously threaten the competitive edge of the United States in the global marketplace. (b) Purpose.--The purpose of this Act is to-- (1) provide the Immigration and Naturalization Service with the mechanisms it needs to eliminate the current backlog in the processing of immigration benefit applications within 1 year after enactment of this Act and to maintain the elimination of the backlog in future years; and (2) provide for regular congressional oversight of the performance of the Immigration and Naturalization Service in eliminating the backlog and processing delays in immigration benefits adjudications. (c) Policy.--It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application, except that a petition for a nonimmigrant visa under section 214(c) of the Immigration and Nationality Act should be processed not later than 30 days after the filing of the petition. SEC. 3. DEFINITIONS. In this Act: (1) Backlog.--The term ``backlog'' means, with respect to an immigration benefit application, the period of time in excess of 180 days that such application has been pending before the Immigration and Naturalization Service. (2) Immigration benefit application.--The term ``immigration benefit application'' means any application or petition to confer, certify, change, adjust, or extend any status granted under the Immigration and Nationality Act. SEC. 4. IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENT ACCOUNT. (a) Authority of the Attorney General.--The Attorney General shall take such measures as may be necessary to-- (1) reduce the backlog in the processing of immigration benefit applications, with the objective of the total elimination of the backlog not later than one year after the date of enactment of this Act; (2) make such other improvements in the processing of immigration benefit applications as may be necessary to ensure that a backlog does not develop after such date; and (3) make such improvements in infrastructure as may be necessary to effectively provide immigration services. (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Department of Justice from time to time such sums as may be necessary for the Attorney General to carry out subsection (a). (2) Designation of account in treasury.--Amounts appropriated pursuant to paragraph (1) may be referred to as the ``Immigration Services and Infrastructure Improvements Account''. (3) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. (4) Limitation on expenditures.--None of the funds appropriated pursuant to paragraph (1) may be expended until the report described in section 5(a) has been submitted to Congress. SEC. 5. REPORTS TO CONGRESS. (a) Backlog Elimination Plan.-- (1) Report required.--Not later than 90 days after the date of enactment of this Act, the Attorney General shall submit a report to the Committees on the Judiciary and Appropriations of the Senate and the House of Representatives concerning-- (A) the backlogs in immigration benefit applications in existence as of the date of enactment of this Act; and (B) the Attorney General's plan for eliminating such backlogs. (2) Report elements.--The report shall include-- (A) an assessment of the data systems used in adjudicating and reporting on the status of immigration benefit applications, including-- (i) a description of the adequacy of existing computer hardware, computer software, and other mechanisms to comply with the adjudications and reporting requirements of this Act; and (ii) a plan for implementing improvements to existing data systems to accomplish the purpose of this Act, as described in section 2(b); (B) a description of the quality controls to be put into force to ensure timely, fair, accurate, and complete processing and adjudication of such applications; (C) the elements specified in subsection (b)(2); (D) an estimate of the amount of appropriated funds that would be necessary in order to eliminate the backlogs in each category of immigration benefit applications described in subsection (b)(2); and (E) a detailed plan on how the Attorney General will use any funds in the Immigration Services and Infrastructure Improvements Account to comply with the purposes of this Act. (b) Annual Reports.-- (1) In general.--Beginning 90 days after the end of the first fiscal year for which any appropriation authorized by section 4(b) is made, and 90 days after the end of each fiscal year thereafter, the Attorney General shall submit a report to the Committees on the Judiciary and Appropriations of the Senate and the House of Representatives concerning the status of-- (A) the Immigration Services and Infrastructure Improvements Account including any unobligated balances of appropriations in the Account; and (B) the Attorney General's efforts to eliminate backlogs in any immigration benefit application described in paragraph (2). (2) Report elements.--The report shall include-- (A) State-by-State data on-- (i) the number of naturalization cases adjudicated in each quarter of each fiscal year; (ii) the average processing time for naturalization applications; (iii) the number of naturalization applications pending for up to 6 months, 12 months, 18 months, 24 months, 36 months, and 48 months or more; (iv) estimated processing times adjudicating newly submitted naturalization applications; (v) an analysis of the appropriate processing times for naturalization applications; and (vi) the additional resources and process changes needed to eliminate the backlog for naturalization adjudications; (B) the status of applications or, where applicable, petitions described in subparagraph (C), by Immigration and Naturalization Service district, including-- (i) the number of cases adjudicated in each quarter of each fiscal year; (ii) the average processing time for such applications or petitions; (iii) the number of applications or petitions pending for up to 6 months, 12 months, 18 months, 24 months, 36 months, and 48 months or more; (iv) the estimated processing times adjudicating newly submitted applications or petitions; (v) an analysis of the appropriate processing times for applications or petitions; and (vi) a description of the additional resources and process changes needed to eliminate the backlog for such processing and adjudications; and (C) a status report on-- (i) applications for adjustments of status to that of an alien lawfully admitted for permanent residence; (ii) petitions for nonimmigrant visas under section 214 of the Immigration and Nationality Act; (iii) petitions filed under section 204 of such Act to classify aliens as immediate relatives or preference immigrants under section 203 of such Act; (iv) applications for asylum under section 208 of such Act; (v) registrations for Temporary Protected Status under section 244 of such Act; and (vi) a description of the additional resources and process changes needed to eliminate the backlog for such processing and adjudications. (3) Absence of appropriated funds.--In the event that no funds are appropriated subject to section 4(b) in the fiscal year in which this Act is enacted, the Attorney General shall submit a report to Congress not later than 90 days after the end of such fiscal year, and each fiscal year thereafter, containing the elements described in paragraph (2).

Authorizes appropriations which shall be designated in the Treasury as the Immigration Services and Infrastructure Improvements Account. Directs the Attorney General to make specified backlog elimination reports.

Immigration Services and Infrastructure Improvements Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tariff Inversion Jobs Act of 2017''. SEC. 2. SENSE OF CONGRESS ON TARIFF INVERSIONS. It is the sense of Congress that-- (1) it is a national imperative of the United States to encourage economic production and jobs in the United States; (2) the United States should not be creating incentives to encourage United States companies to move production from the United States to other countries; (3) situations in which tariffs on inputs for a product are higher than on the final product, commonly referred to as tariff inversions, can have the effect of encouraging United States companies to move production out of the United States; (4) a tariff inversion exists with respect to the production of televisions in the United States, since the tariff on panels carries a tariff of 4.5 percent and the tariff on the main board carries a tariff of 2.1 percent, but the final product, televisions assembled in Mexico and exported to the United States, enter the United States duty free; (5) rectifying tariff inversions is entirely within the prerogative of the United States; (6) it should be the policy of the United States to eliminate tariff inversions that create an incentive to offshore production, including the tariff inversion regarding televisions; and (7) such a policy would help keep jobs in the United States, ensure more United States citizens are employed, strengthen United States competitiveness, and build a stronger country. SEC. 3. REPORT ON TARIFF INVERSIONS. Not later than 180 days after the date of the enactment of this Act, the United States International Trade Commission shall submit to Congress a report on tariff inversions in the Harmonized Tariff Schedule of the United States that includes-- (1) an identification of tariff inversions that create an incentive for United States companies to move production out of the United States; and (2) recommendations for measures that could be taken to eliminate such tariff inversions. SEC. 4. ELIMINATION OF DUTY ON PANELS AND MAIN BOARDS FOR TELEVISIONS. (a) Main Boards.--Chapter 85 of the Harmonized Tariff Schedule of the United States is amended-- (1) by inserting in numerical sequence the following new subheading, with the article description for subheading 8529.90.11 having the same degree of indentation as the article description for subheading 8529.90.09: `` 8529.90.11 For television Free ................. 35% '' receivers............. ; and (2) by redesignating subheading 8529.90.13 as subheading 8529.90.14. (b) Panels.--Chapter 90 of the Harmonized Tariff Schedule of the United States is amended by striking subheading 9013.80.70 and inserting the following new subheading, with the article description for subheading 9013.80.71 having the same degree of indentation as the article description for subheading 9013.80.40: `` 9013.80.71 Flat panel displays Free ................... 45% '' other than for . articles of heading 8528, except subheadings 8528.52 or 8528.62, and except for flat panel displays for use solely or principally with television receivers of subheading 8528.72 (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply with respect to articles entered on or after January 1, 2014. (2) Retroactive application for certain liquidations and reliquidations.-- (A) In general.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to subparagraph (B), any entry of an article classifiable under subheading 8529.90.11 or 9013.80.71 of the Harmonized Tariff Schedule of the United States, as added by this section, that was made-- (i) on or after January 1, 2014; and (ii) before the date of the enactment of this Act, shall be liquidated or reliquidated as though such entry occurred on such date of enactment. (B) Requests.--A liquidation or reliquidation may be made under subparagraph (A) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 180 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection-- (i) to locate the entry; or (ii) to reconstruct the entry if it cannot be located. (C) Payment of amounts owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of an article under subparagraph (A) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be). (D) Entry defined.--In this paragraph, the term ``entry'' includes a withdrawal from warehouse for consumption.

Tariff Inversion Jobs Act of 2017 This bill directs the U.S. International Trade Commission to submit to Congress a report that: (1) identifies tariff inversions in the Harmonized Tariff Schedule of the United States (HTS) that create an incentive for U.S. companies to move production out of the United States, and (2) includes recommendations for measures that could be taken to eliminate such inversions. Tariff inversions occur when the duty rate for the final product is lower than the duty rate of the component parts. The bill amends the HTS to provide for the duty-free treatment of flat panel displays and main boards for televisions.

Tariff Inversion Jobs Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving the Family Farm Act of 2012''. SEC. 2. EXCLUSION FROM GROSS ESTATE OF CERTAIN FARMLAND SO LONG AS FARMLAND USE CONTINUES. (a) In General.--Part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 is amended by inserting after section 2033 the following new section: ``SEC. 2033A. EXCLUSION OF CERTAIN FAMILY-OWNED FARMS AND BUSINESSES. ``(a) In General.--In the case of an estate of a decedent to which this section applies, the value of the gross estate shall not include the adjusted value of any qualified family-owned farm or business included in the estate. ``(b) Estates to Which Section Applies.--This section shall apply to an estate if-- ``(1) the decedent was (at the date of the decedent's death) a citizen or resident of the United States, and ``(2) during the 8-year period ending on the date of the decedent's death there have been periods aggregating 5 years or more during which-- ``(A) not less than 60 percent of the qualified family-owned farm or business was owned by the decedent and members of the decedent's family, and ``(B) there was material participation (within the meaning of section 2032A(e)(6)) by the decedent or the qualified heir in the operation of such farm or business. Rules similar to the rules of paragraphs (4) and (5) of section 2032A(b) shall apply for purposes of subparagraph (B). ``(c) Definitions.--For purposes of this section-- ``(1) Qualified family-owned farm or business.--The term `qualified family-owned farm or business' means-- ``(A) any qualified farmland, or ``(B) any qualified trade or business. ``(2) Qualified farmland.--The term `qualified farmland' means any real property-- ``(A) which is located in the United States, ``(B) which is used as a farm for farming purposes (within the meaning of section 2032A(e)), and ``(C) which was acquired from or passed from the decedent to a qualified heir of the decedent and which, on the date of the decedent's death, was being so used by the decedent or a member of the decedent's family. ``(3) Qualified trade or business.--The term `qualified trade or business' means any interest in a trade or business of the taxpayer-- ``(A) which is not an interest in a C corporation, and ``(B) which was acquired from or passed from the decedent to a qualified heir of the decedent. ``(4) Adjusted value.--The term `adjusted value' means the value of the qualified family-owned farm or business for purposes of this chapter (determined without regard to this section), reduced by the amount deductible under paragraph (3) or (4) of section 2053(a). ``(5) Other terms.--Any other term used in this section which is also used in section 2032A shall have the same meaning given such term by section 2032A. ``(d) Tax Treatment of Dispositions and Failures To Use for Farming Purposes.-- ``(1) Imposition of recapture tax.--If, at any time after the decedent's death and before the death of the qualified heir-- ``(A) the qualified heir disposes of any interest in qualified family-owned farm or business (other than by a disposition to a member of his family), or ``(B) in the case of qualified farmland, the qualified heir ceases to use the real property which was acquired (or passed) from the decedent as a farm for farming purposes, then, there is hereby imposed a recapture tax. ``(2) Amount of recapture tax, etc.--Rules similar to the rules of section 2032A(c) with respect to the additional estate tax shall apply for purposes of this subsection with respect to the recapture tax. ``(e) Application of Other Rules.--To the extent provided by the Secretary in regulations, rules similar to the rules of subsections (e), (f), (g), (h), and (i) of section 2032A shall apply for purposes of this section.'' (b) Clerical Amendment.--The table of sections for part III of subchapter A of chapter 11 of such Code is amended by inserting after the item relating to section 2033 the following new item: ``Sec. 2033A. Exclusion of certain family-owned farms and businesses.''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this Act.

Saving the Family Farm Act of 2012 - Amends the Internal Revenue Code to exclude from the gross estate of a decedent the adjusted value of any qualified family-owned farm or business (i.e., a qualified farmland or a qualified trade or business) included in the estate. Requires: (1) the decedent to have been a citizen or resident of the United States at the time of death, (2) the decedent and members of the decedent's family to have owned not less than 60% of such farm or business in any 5-year period during the 8-year period prior to the decedent's death, and (3) material participation in the operation of the farm or business by the decedent and members of the decedent's family. Defines "qualified farmland" as any real property located in the United States that is used as a farm for farming purposes. Defines "qualified trade or business" as any interest in a trade or business that is not an interest in a C corporation and that was acquired from or passed from the decedent to an heir. Imposes a recapture tax on an heir who disposes of any interest in a qualified family-owned farm or business or who ceases to use qualified farmland for farming purposes after inheriting such property.

A bill to amend the Internal Revenue Code of 1986 to exempt certain family-owned farms and businesses from the estate tax.

SECTION 1. EMERGENCY FOREST REHABILITATION AND RESTORATION. Title VI of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591) is amended by adding at the end the following: ``SEC. 602. EMERGENCY FOREST REHABILITATION AND RESTORATION. ``(a) Definition.--In this section: ``(1) Catastrophic event.-- ``(A) In general.--The term `catastrophic event' means any natural disaster or any fire, flood, or explosion, regardless of cause, that the Secretary determines has caused or has the potential to cause damage of significant severity and magnitude to Federal land. ``(B) Natural disaster.--For purposes of subparagraph (A), a natural disaster, as determined by the Secretary, may include a hurricane, tornado, windstorm, snow or ice storm, rain storm, high water, wind-driven water, tidal wave, earthquake, volcanic eruption, landslide, mudslide, drought, or insect or disease outbreak. ``(2) Secretary.--The term `Secretary' has the meaning given the term in section 101. ``(b) Mechanical Forest Treatment.-- ``(1) In general.--The Secretary shall implement such procedures as are necessary to ensure that not less than 600,000 acres of Federal land each fiscal year are treated with mechanical treatments intended to produce merchantable wood. ``(2) Funding.--The Secretary shall use to carry out paragraph (1)-- ``(A) funds described in subsection (f)(3); and ``(B) any other funds made available for the purposes described in paragraph (1). ``(c) Emergency Circumstances.-- ``(1) In general.--The Secretary shall-- ``(A) declare that emergency circumstances exist for all Federal land subject to the effects of a catastrophic event, including on Federal land outside urban interface areas; and ``(B) as soon as practicable, take all actions necessary for the rehabilitation or restoration of the Federal land, with highest priority given to Federal land impacted by large-scale beetle infestations. ``(2) Emergency alternative arrangements.--In accordance with section 220.4 of title 36, Code of Federal Regulations and section 1506.11 of title 40, Code of Federal Regulations (or successor regulations), for any Federal land for which the Secretary declares the existence of emergency circumstances under paragraph (1), the Secretary may use emergency alternative arrangements to comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(3) Limitation on administrative appeals.-- Notwithstanding any other provision of law, no administrative appeal shall be allowed for any action classified as an emergency alternative arrangement under paragraph (2) or a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) due to emergency circumstances declared under paragraph (1). ``(d) Catastrophic Events.-- ``(1) In general.--As soon as practicable during but not later than 30 days after the conclusion of a catastrophic event, the Secretary shall initiate timely salvage activities on the Federal land affected by the catastrophic event so as to prevent significant deterioration of timber values, development of significant fire hazard, or other forest mortality that would prevent the Federal land from regenerating to forest within 5 years. ``(2) Funding.--The Secretary shall use to carry out paragraph (1)-- ``(A) funds described in subsection (f)(3); and ``(B) any other funds made available for the purposes described in paragraph (1). ``(e) Exclusion of Certain Federal Land.--This section shall not apply to-- ``(1) a component of the National Wilderness Preservation System; ``(2) Federal land on which the removal of vegetation is prohibited or restricted by Act of Congress, Presidential proclamation, or the applicable land management plan; or ``(3) a wilderness study area. ``(f) Limitation on Acquisition.-- ``(1) In general.--Notwithstanding any other provision of law, except as provided in paragraph (2), beginning on the date of enactment of this section and during each of the subsequent 5 full fiscal years, none of the funds made available to the Secretary under any law may be used-- ``(A) to survey land for future acquisition as Federal land; or ``(B) to enter into discussions with non-Federal landowners to identify land for acquisition as Federal land. ``(2) Exception.--Paragraph (1) does not apply to the use of funds-- ``(A) to complete land transactions underway on the date of enactment of this section; ``(B) to exchange Federal land for non-Federal land; or ``(C) to accept donations of non-Federal land as Federal land. ``(3) Use of funds.--The Secretary shall use funds that would otherwise have been used for purchase of non-Federal land by the Forest Service to carry out-- ``(A) mechanical forest treatments described in subsection (b); and ``(B) salvage activities described in subsection (d).''.

Amends the Healthy Forests Restoration Act of 2003 to direct the Secretary of Agriculture (USDA) and the Secretary of the Interior, as appropriate, to implement procedures to ensure that not less than 600,000 acres of federal land each fiscal year are treated with mechanical treatments intended to produce merchantable wood. Directs the Secretary to: (1) declare that emergency circumstances exist for all federal land affected by a catastrophic event, including federal land outside urban interface areas; and (2) take actions necessary for the rehabilitation or restoration of such federal land, with highest priority given to land impacted by large-scale beetle infestations. Directs the Secretary to initiate salvage activities on federal land affected by a catastrophic event so as to prevent significant deterioration of timber values, development of significant fire hazard, or other forest mortality that would prevent such land from regenerating to forest within five years. Excludes from the provisions of this Act: (1) a component of the National Wilderness Preservation System; (2) federal land on which the removal of vegetation is prohibited or restricted by Congress, the President, or a land management plan; or (3) a wilderness study area.

To amend the Healthy Forests Restoration Act of 2003 to promote timely emergency rehabilitation and restoration of Federal forest land impacted by catastrophic events, to redirect for a 5-year period funding normally made available for land acquisition to mechanical forest treatment and salvage operations due to catastrophic events, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Excise Tax Funds to Prevention Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Medical costs are a substantial burden to society. For example, the cost for acute care and followup treatment of gunshot injuries in 1994 in the United States was $2,300,000,000, of which $1,100,000,000 was paid by government programs, according to an article in the Journal of the American Medical Association. (2) The mean medical cost per gunshot injury is about $17,000. (3) For hospital-admitted survivors of gunshot injuries, estimates suggest that Federal, State, or local government is the primary payer of medical costs of the injuries in 44 percent of the cases. (4) The excise tax on firearms and ammunition has not changed in 60 years. (5) This excise tax has raised more than $2,600,000,000 during that time. (6) Congress needs to ensure that the revenue raised by this excise tax is used for the proper purposes. SEC. 3. INCREASE IN EXCISE TAX ON FIREARMS. (a) In General.--Section 4181 of the Internal Revenue Code of 1986 (relating to tax on firearms) is amended-- (1) by striking ``10 percent'' and inserting ``15 percent'', and (2) by striking ``11 percent'' and inserting ``16 percent''. (b) Retention of Prior Rate for Taxable Sales to Government.-- Section 4182 of such Code is amended by adding at the end the following new subsection: ``(d) Sales to Government.--Except as provided in subsection (b), in the case of a sale for the use by the United States, a State, or a political subdivision of a State (or any department, agency, or instrumentality of any of the foregoing), the tax imposed by section 4181 shall be determined by substituting ``10 percent'' for ``15 percent'' and ``11 percent'' for ``16 percent''. (c) Use of Proceeds of Excise Tax.--Subchapter A of chapter 98 of subtitle I such Code is amended by adding at the end the following new sections: ``SEC. 9511. DELINQUENCY PREVENTION TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Delinquency Prevention Trust Fund', consisting of such amounts as may be apportioned or credited to such Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.-- ``(1) In general.--There are hereby appropriated to the Delinquency Prevention Trust Fund amounts equivalent to half of the net revenues received in the Treasury from the tax imposed by section 4181 (relating to tax on firearms), to the extent attributable to a tax rate greater than 10 percent, in the case of pistols and revolvers, and greater than 11 percent, in the case of firearms (other than pistols and revolvers), shells, and cartridges. ``(2) Net revenues.--For purposes of paragraph (1), the term `net revenues' means the amount estimated by the Secretary based on the excess of-- ``(A) the taxes received in the Treasury under section 4181 (relating to tax on firearms), over ``(B) the decrease in the tax imposed by chapter 1 resulting from the tax imposed by section 4181. ``(c) Expenditures.--Amounts in the Delinquency Prevention Trust Fund shall be available, as provided in appropriation Acts, only for carrying out the purposes of title V of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5781 et seq.) (relating to incentive grants for local delinquency prevention programs). ``(d) Coordination With Other Funds.--So much of the rate of tax as is taken into account in determining amounts appropriated to the Delinquency Prevention Trust Fund shall not be taken into account in determining amounts deposited into any other fund. ``SEC. 9512. EMERGENCY MEDICAL SERVICES FOR CHILDREN TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Emergency Medical Services for Children Trust Fund', consisting of such amounts as may be apportioned or credited to such Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.-- ``(1) In general.--There are hereby appropriated to the Emergency Medical Services for Children Trust Fund amounts equivalent to half of the net revenues received in the Treasury from the tax imposed by section 4181 (relating to tax on firearms), to the extent attributable to a tax rate greater than 10 percent, in the case of pistols and revolvers, and greater than 11 percent, in the case of firearms (other than pistols and revolvers), shells, and cartridges. ``(2) Net revenues.--For purposes of paragraph (1), the term `net revenues' means the amount estimated by the Secretary based on the excess of-- ``(A) the taxes received in the Treasury under section 4181 (relating to tax on firearms), over ``(B) the decrease in the tax imposed by chapter 1 resulting from the tax imposed by section 4181. ``(c) Expenditures.--Amounts in the Emergency Medical Services for Children Trust Fund shall be available, as provided in appropriation Acts, only for carrying out the purposes of the Emergency Medical Services for Children program (administered by the Department of Health and Human Services and the National Highway Traffic Safety Administration). ``(d) Coordination With Other Funds.--So much of the rate of tax as is taken into account in determining amounts appropriated to the Emergency Medical Services for Children Trust Fund shall not be taken into account in determining amounts deposited into any other fund.''. (d) Clerical Amendment.--The table of sections for subchapter A of chapter 98 of subtitle I of such Code is amended by inserting after the item relating to section 9510 the following new items: ``Sec. 9511. Delinquency Prevention Trust Fund. ``Sec. 9512. Emergency Medical Services for Children Trust Fund.''. (e) Effective Date.--The amendments made by this Act shall apply to sales after the date of the enactment of this Act.

Establishes in the Treasury the Delinquency Prevention Trust Fund and appropriates into such Fund half of the net revenues realized from such tax increase. Requires Fund amounts to be used for incentive grants for local delinquency prevention programs under the Juvenile Justice and Delinquency Prevention Act of 1974. Establishes in the Treasury the Emergency Medical Services for Children Trust Fund and appropriates into such Fund the other half of the net revenues realized from such tax increase. Requires Fund amounts to be used for carrying out the Emergency Medical Services for Children program administered by the Department of Health and Human Services and the National Highway Traffic Safety Administration.

Gun Excise Tax Funds to Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth-in-Tuition Act of 2007''. SEC. 2. PURPOSE. It is the purpose of this Act to assist students and families in multi-year financial planning for the full cost of a post-secondary education program, while not restricting the ability of institutions of higher education to raise tuition and fee levels from one year to the next. SEC. 3. COMMITMENT TO AND NOTICE OF TUITION LEVELS. Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following new paragraph: ``(24)(A) The institution will provide to each perspective cohort of students applying to enter a program of undergraduate or graduate education a binding, multi-year tuition and fee schedule for that cohort of students for the duration of the normal length of the relevant undergraduate or graduate program. ``(B) At the discretion of the institution, the multi-year tuition and fee schedules required by subparagraph (A)-- ``(i) are not limited in their year-to-year growth; ``(ii) may include a percentage or dollar increase from one year to the next for a relevant cohort of students: and ``(iii) may reflect a consistent per year dollar amount for the normal length of the relevant undergraduate or graduate program. ``(C) The Secretary shall waive the requirements of subparagraph (A), and of the binding commitment made therender, if the institution demonstrates to the Secretary that the institution is unable to comply because of the occurrence of one or more events causing the institution severe economic distress.''. SEC. 4. INCENTIVES AND REWARDS FOR LOW TUITION. (a) Rewards for Low Tuition.-- (1) Competitive grants.--The Secretary of Education shall award grants on a competitive basis to institutions of higher education that, for academic year 2008-2009 or any succeeding academic year, have an annual net tuition increase (expressed as a percentage) for the most recent academic year for which satisfactory data is available that is equal to or less than the percentage change in the higher education price index for such academic year. (2) Use of funds.--Funds awarded to an institution of higher education under paragraph (1) shall be distributed by the institution in the form of need-based grant aid to students who are eligible for Federal Pell Grants, except that no student shall receive an amount under this section that would cause the amount of total financial aid received by such student to exceed the cost of attendance of the institution. (b) Rewards for Guaranteed Tuition.-- (1) Bonus.--For each institution of higher education that the Secretary of Education of Education determines complies with the requirements of paragraph (2) or (3) of this subsection, the Secretary of Education shall provide to such institution a bonus amount. Such institution shall award the bonus amount first to students who are eligible for Federal Pell Grants who were in attendance at the institution during the award year that such institution satisfied the eligibility criteria for maintaining low tuition and fees, then to students who are eligible for Federal Pell Grants who were not in attendance at the institution during such award year, in the form of need-based aid. (2) 4-year institutions.--An institution of higher education that provides a program of instruction for which it awards a bachelor's degree complies with the requirements of this paragraph if such institution guarantees that for any academic year beginning on or after July 1, 2008, and for each of the 4 succeeding continuous academic years, the net tuition charged to an undergraduate student will not exceed-- (A) the amount that the student was charged for an academic year at the time he or she first enrolled in the institution of higher education, plus (B) the product of the percentage increase in the higher education price index for the prior academic year, or the most recent prior academic year for which data is available, multiplied by the amount determined under subparagraph (A). (3) Less-than 4-year institutions.--An institution of higher education that does not provide a program of instruction for which it awards a bachelor's degree complies with the requirements of this paragraph if such institution guarantees that for any academic year (or the equivalent) beginning on or after July 1, 2008, and for each of the 1.5 succeeding continuous academic years, the net tuition charged to an undergraduate student will not exceed-- (A) the amount that the student was charged for an academic year at the time he or she first enrolled in the institution of higher education, plus (B) the product of the percentage increase in the higher education price index for the prior academic year, or the most recent prior academic year for which data is available, multiplied by the amount determined under subparagraph (A). (c) Maintaining Affordable Tuition.-- (1) Institution reports.--If an institution of higher education has an increase in annual net tuition (expressed as a percentage), for the most recent academic year for which satisfactory data is available, that is greater than the percentage increase in the higher education price index for such academic year, the institution or a representative association is required to submit to the Secretary of Education the following information, within 6 months of such determination-- (A) a report on the factors contributing to the increase in the institution's costs and the increase in net tuition and fees charged to students, including identification of the major areas in the institution's budget with the greatest cost increases; (B) the institution's 3 most recent Form 990s submitted to the Internal Revenue Service, as required under section 6033 of the Internal Revenue Code of 1986; (C) a description of the major areas of expenditures in the institution's budget with the greatest increase for such academic year; and (D) actions being taken by the institution to reduce net tuition. (2) Report to congress.--The Secretary of Education shall compile the information submitted under this subsection and shall provide to the relevant authorizing committees an annual report relating to such information. (d) Definitions.--In this section: (1) Net tuition.--The term ``net tuition'' means the average tuition and fees charged to a full-time undergraduate student by an institution of higher education for an academic year, minus the average grant amount received by such a student for such academic year. (2) Higher education price index.--The term ``higher education price index'' means the higher education price index developed pursuant to section 133(b). (3) Institution of higher education.--The term ``institution of higher education'' has the meaning provided in section 102 of Higher Education Act of 1965 (20 U.S.C. 1002).

Truth-in-Tuition Act of 2007 - Amends the Higher Education Act of 1965 to require institutions of higher education (IHEs) that are participating in the Act's student assistance programs to provide each prospective cohort of students applying to enter their undergraduate or graduate programs with a binding, multi-year tuition and fee schedule for the normal duration of such studies. Requires the Secretary of Education to waive the application of such requirement to IHEs that are unable to comply because of events causing them severe economic distress. Directs the Secretary to award: (1) competitive grants to IHEs that, for an academic year, have a net tuition (tuition and fees, minus grant amounts) increase that does not exceed the percentage change in the higher education price index; and (2) bonus amounts to IHEs that guarantee that their net tuition will not outpace changes in such index over specified periods of time. Requires IHEs to distribute such grants and bonuses as need-based grant aid to students who are eligible for federal Pell Grants. Requires IHEs whose annual net tuition increase outpaces such index to issue an explanatory report to the Secretary that includes actions being taken to remedy the situation.

To limit excessive fluctuations in tuition to help students and families plan for college costs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Justice Act of 1992''. SEC. 2. PURPOSES AND POLICIES. The purposes of this Act are-- (1) to require the collection of data on environmental health effects so that impacts on different individuals or groups can be understood; (2) to identify those areas which are subject to the highest loadings of toxic chemicals, through all media; (3) to assess the health effects that may be caused by emissions in those areas of highest impact; (4) to ensure that groups or individuals residing within those areas of highest impact have the opportunity and the resources to participate in the technical process which will determine the possible existence of adverse health impacts; (5) to require that actions be taken by authorized Federal agencies to curtail those activities found to be having significant adverse impacts on human health in those areas of highest impact; and (6) to ensure that significant adverse health impacts that may be associated with environmental pollution in the United States are not distributed inequitably. TITLE I--IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS SEC. 101. DEFINITIONS. For the purposes of this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Environmental Protection Agency. (2) Environmental high impact areas.--The terms ``Environmental High Impact Areas'' and ``EHIA'' mean the 100 counties or appropriate geographic units with the highest total weight of toxic chemicals present during the course of the most recent 5-year period for which data is available, as calculated pursuant to section 102. (3) Secretary.--The term ``Secretary'' means the Secretary of the United States Department of Health and Human Services. (4) Toxic chemicals.--The term ``toxic chemicals'' includes all substances as defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; any hazardous waste listed or identified pursuant to the Solid Waste Disposal Act; any pollutant for which air quality standards have been issued pursuant to the Clean Air Act; any pollutant for which water quality standards have been issued pursuant to the Clean Water Act; all materials registered pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act; and all substances and chemicals subject to reporting obligations pursuant to the Emergency Planning and Community Right-to-Know Act. (5) Toxic chemical facilities.--The term ``toxic chemical facilities'' includes all facilities including Federal facilities subject to a permit, inspection or review, or registration requirement pursuant to the authority of the Solid Waste Disposal Act; the Clean Air Act; the Clean Water Act; the Federal Insecticide, Fungicide and Rodenticide Act; and the OSHA Hazard Communication Standard; as well as any facility subject to reporting obligations pursuant to the Emergency Planning and Community Right-to-Know Act. SEC. 102. IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS. (a) Determination of Impacted Areas.--Within 6 months after the date of enactment, the Administrator of the Agency for Toxic Substances and Disease Registry, in consultation with the Environmental Protection Agency, the National Institute for Environmental Health Sciences, the National Center for Health Statistics and the Bureau of the Census, shall determine the basis for designation of Environmental High Impact Areas, either counties or another appropriate geographic unit. (b) Publication of List.--Within 12 months of enactment, the Administrator shall publish a list, in rank order, of the total weight of toxic chemicals present in each county or such appropriate geographic unit in the United States during the most recent five-year period for which data are available. The 100 counties or other appropriate geographic unit with the highest total weight shall be designated as Environmental High Impact Areas. (c) Compilation of List.--In compiling the list under subsection (a), the Administrator shall-- (1) calculate with the best data available the total weight of toxic chemicals present in each county by multiplying the total volume of substances containing toxic chemicals (whether waste, process or other material) by the concentration of toxic chemicals contained in these substances; (2) adjust the weights calculated under paragraph (1) to account for the relative toxicity of the toxic chemicals; (3) determine, with the best available data, the actual and potential exposures, and toxicity of the toxic chemicals present in each impacted area; (4) consider and utilize all appropriate data compiled pursuant to any environmental regulatory authority and other sources, including but not limited to available data on lead- based paint and the existence of pollutants from mobile sources; and (5) distinguish between toxic chemicals which are (A) in a contained, controlled environment such as barrels, factories, warehouses, or lined landfills for any period of time during the 5-year period; and (B) released into the air, water, soil or groundwater of the area during the 5-year period as a result of authorized or unauthorized activities. (d) Methods.--Within 6 months after the enactment of this Act, the Administrator in consultation with the Agency for Toxic Substances and Disease Registry shall publish for public comment the methods to be used to calculate the total weight of toxic chemicals in waste, process, or other materials, including the assumptions to be used when the precise concentrations of toxic chemicals are not known and the criteria used to account for relative toxicity, as required by subsection (b)(2). (e) Revision and Republication.--The Administrator shall revise and republish the list described in subsection (a) of this section not less than every 5 years, using data compiled for that 5-year period. TITLE II--ENFORCEMENT INITIATIVES SEC. 201. MANDATORY INSPECTIONS. To assure that facilities with the highest potential for release of toxic chemicals into the environment are operating in compliance with all applicable environmental, health and safety standards, the Administrator, and the Assistant Secretary of the Occupational Safety and Health Administration shall conduct compliance inspections or reviews of all toxic chemical facilities in Environmental High Impact Areas subject to their respective jurisdictions within 2 years after the enactment of this Act, and not less than every 2 years thereafter. TITLE III--COMMUNITY PARTICIPATION SEC. 301. TECHNICAL ASSISTANCE GRANTS. Subject to such amounts as may be appropriated and in accordance with rules promulgated by the Secretary in consultation with the Administrator, the Secretary may make grants available to any individual or group of individuals who may be affected by a release or threatened release from any toxic chemical facility in an EHIA. Such grants shall-- (1) be designed to facilitate access by representatives of EHIAs to the public participation provisions of this Act and other law; (2) be used to obtain technical assistance relating to the inspection and review authorities listed in section 201 of this Act and the Secretarial study described in section 401 of this Act; and (3) not exceed $50,000 for a single grant recipient. Each grant recipient shall be required, as a condition of the grant, to contribute 20 percent of the total cost of the grant requested unless the grant recipient demonstrates financial need. Not more than one grant may be made with respect to each EHIA, but the grant may be renewed to facilitate public participation where necessary. SEC. 302. FUNDING. Within one year after the enactment of this Act, the Administrator shall promulgate regulations establishing a system of fees or assessments on toxic chemical facilities in EHIAs to substitute for appropriations as the funding mechanism for the community grant program established in section 301. The fees or assessments shall take into account the volume adjustments provided in section 102(c). TITLE IV--IDENTIFICATION AND PREVENTION OF HEALTH IMPACTS SEC. 401. SECRETARIAL STUDY. Within 24 months after the enactment of this Act, the Secretary, in consultation with the Administrator, the Secretary of the Department of Labor, the Bureau of Indian Affairs, and the Commissioners of the United States Commission on Civil Rights, shall issue for public comment a report identifying the nature and extent, if any, of acute and chronic impacts on human health in EHIAs as compared to other counties. Such impacts shall include but not be limited to cancer, birth deformities, infant mortality rates, and respiratory diseases. The report shall be coordinated by the Administrator of the Agency for Toxic Substances Disease Registry, who shall work closely with the Directors of the National Institute for Environmental Health Sciences, the National Center for Health Statistics, and the Center for Disease Control, and shall seek to-- (1) isolate the impacts of environmental pollution; (2) segregate the effects of other factors such as health care availability or substance abuse or diet; (3) rank the relative risks posed by the toxic chemicals present in EHIAs and by the varied sources of toxic chemicals, both individually and cumulatively; (4) take into account the need to remedy the impacts of pollution in high population density areas; (5) evaluate the levels below which release of toxic chemicals, either individually or cumulatively, must be reduced to avoid adverse impacts on human health; and (6) determine the impacts of uncontrolled releases. As a result of the report in communities where the Administrator of the Agency for Toxic Substances Disease Registry has determined that adverse health impacts exist, the agency shall also make this information readily available to members of the community by providing information directly to the affected communities and tribal governments in the Environmental High Impact Areas about the release of toxic chemicals and the potential effects of such exposure. SEC. 402. LEGISLATIVE RESPONSE. (a) Report.--If the report under section 401 identifies significant adverse impacts of environmental pollution on human health in EHIAs as a group, the President shall submit to Congress within one year after publication of the report, proposed legislation to remedy and prevent such impacts. Such legislation shall include-- (1) expansion of EPCRA to include additional facilities, additional chemicals, or reduced quantities of chemicals triggering reporting obligations; (2) means to redress regulatory loopholes (such as recycling and industrial wastes exempt from regulation under subtitle C of the Solid Waste Disposal Act and wastes subject to lessened regulatory requirements); and (3) measures such as taxes on uncontrolled or controlled emissions, or restrictions on toxic chemical releasing activities within an EHIA to induce source reduction in EHIAs, regardless of whether facilities are in compliance with existing law. (b) Report on Changes and Recommendations.--Within 2 years after publication of the report, the Administrator shall provide a report to the Congress which identifies all of the changes made or recommended to be made to the Environmental Protection Agency's existing regulations, the purpose for each change and the goals to be achieved as a result of the substantive changes. The Administrator shall also advise Congress of the regulatory changes that were not made because of the presence of conflicting statutory mandates or the lack of statutory authority. (c) Proposed Legislation.--Within 3 years after publication of the health impact study, the President shall submit to Congress proposed legislation to remedy the problems of conflicting statutory mandates or the lack of statutory authority identified in the report to Congress pursuant to subsection (b). SEC. 403. MORATORIUM. If the report under section 401 finds significant adverse impacts of environmental pollution on human health in EHIAs, there shall be a moratorium on the siting or permitting of any new toxic chemical facility in any EHIA shown to emit toxic chemicals in quantities found to cause significant adverse impacts on human health. A new toxic chemical facility may be cited or permitted in such an EHIA during this period only if-- (1) the need for the activity is shown to the Secretary; (2) the owner or operator of the facility demonstrates that the facility will develop a plan and maintain a comprehensive pollution prevention program; and (3) the facility demonstrates that it will minimize uncontrolled releases into the environment. The moratorium shall continue in effect in such an EHIA until the Administrator determines, upon petition of any interested party, that the health-based levels identified pursuant to section 401(5) have been attained at the EHIA.

TABLE OF CONTENTS: Title I: Identification of Environmental High Impact Areas Title II: Enforcement Initiatives Title III: Community Participation Title IV: Identification and Prevention of Health Impacts Environmental Justice Act of 1992 - Title I: Identification of Environmental High Impact Areas - Directs the Administrator of the Environmental Protection Agency to publish a list, in rank order, of the total weight of toxic chemicals present in each county or other geographic unit in the most recent five-year period for which data are available. Designates the 100 counties with the highest total weight as Environmental High Impact Areas. Title II: Enforcement Initiatives - Directs the Administrator and the Assistant Secretary of the Occupational Safety and Health Administration to conduct compliance inspections or reviews of all toxic chemical facilities in such Areas at least every two years. Title III: Community Participation - Authorizes the Secretary of Health and Human Services to make a grant to individuals who may be affected by a release from any toxic chemical facility in such an Area to: (1) facilitate access to the public participation provisions of this and other Acts; and (2) obtain technical assistance relating to inspections, reviews, and studies. Directs the Administrator to impose user fees or assessments on toxic chemical facilities in such Areas to substitute for appropriations as the funding mechanism for the grant program. Title IV: Identification and Prevention of Health Impacts - Requires the Secretary to issue a report identifying the extent of acute and chronic health impacts in such Areas as compared to other counties. Requires the President, if the report identifies significant adverse impacts, to report proposed legislation to the Congress to remedy and prevent such impacts. Includes within such legislation: (1) expansion of the Emergency Planning and Community Right-To-Know Act of 1986 to include additional facilities or chemicals or reduced quantities of chemicals triggering reporting obligations; (2) a means to redress regulatory loopholes (such as wastes exempt from or subject to lessened regulatory requirements); and (3) taxes on emissions or restrictions on releases within such Areas to induce source reduction. Establishes a moratorium, with exceptions, on the siting or permitting of any toxic chemical facility in such Areas that may emit toxic chemicals in quantities that cause adverse health impacts if the report identifies adverse health impacts of environmental pollution. Continues the moratorium until certain health-based levels have been attained.

Environmental Justice Act of 1992

SECTION 1. SHORT TITLE. This Act may be cited as the ``Merchant Mariner Credentials Improvement Act of 2007''. SEC. 2. OATHS. Sections 7105 and 7305 of title 46, United States Code, and the items relating to such sections in the analysis for chapters 71 and 73 of such title, are repealed. SEC. 3. DURATION OF CREDENTIALS. (a) Merchant Mariner's Documents.--Section 7302(f) of title 46, United States Code, is amended to read as follows: ``(f) Periods of Validity and Renewal of Merchant Mariners' Documents.-- ``(1) In general.--Except as provided in subsection (g), a merchant mariner's document issued under this chapter is valid for a 5-year period and may be renewed for additional 5-year periods. ``(2) Advance renewals.--A renewed merchant mariner's document may be issued under this chapter in advance but is not effective until the date that the previously issued merchant mariner's document expires.''. (b) Duration of Licenses.--Section 7106 of such title is amended to read as follows: ``Sec. 7106. Duration of licenses ``(a) License Renewal.--A license issued under this part is valid for a 5-year period and may be renewed for additional 5-year periods; except that the validity of a license issued to a radio officer is conditioned on the continuous possession by the holder of a first-class or second-class radiotelegraph operator license issued by the Federal Communications Commission. ``(b) Advance Renewals.--A renewed license issued under this part may be issued in advance but is not effective until the date that the previously issued license expires.''. (c) Certificates of Registry.--Section 7107 of such title is amended to read as follows: ``Sec. 7107. Duration of certificates of registry ``(a) Certificates of Registry Renewal.--A certificate of registry issued under this part is valid for a 5-year period and may be renewed for additional 5-year periods; except that the validity of a certificate issued to a medical doctor or professional nurse is conditioned on the continuous possession by the holder of a license as a medical doctor or registered nurse, respectively, issued by a State. ``(b) Advance Issuance.--A renewed certificate of registry issued under this part may be issued in advance but is not effective until the date that the previously issued certificate of registry expires.''. SEC. 4. PROCESSING TIME FOR DOCUMENTS. Section 2110 of title 46, United States Code, is amended by adding at the end the following: ``(l) Limitation With Respect to Processing Time.--The Secretary may not charge a fee under this section for the application, processing, or issuance of a merchant mariner's document for an individual under chapter 73 if, within 30 days after the date the individual submits a complete application for the document, the Secretary has not-- ``(1) issued the document to the individual; or ``(2) notified the individual that the document will not be issued because the individual does not meet the qualifications for issuance of that document under that chapter.''. SEC. 5. FINGERPRINTING. (a) Merchant Mariner Licenses and Documents.--Chapter 75 of title 46, United States Code, is amended by adding at the end the following: ``Sec. 7507. Fingerprinting ``(a) In General.--The Secretary of the Department in which the Coast Guard is operating may not require an individual to be fingerprinted for the issuance or renewal of a license, a certificate of registry, or a merchant mariner's document under chapter 71 or 73 if the individual was fingerprinted when the individual applied for a transportation security card under section 70105.''. (b) Clerical Amendment.--The analysis for such chapter is amended by adding at the end the following: ``7507. Fingerprinting.''. SEC. 6. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS. (a) Merchant Mariner Licenses and Documents.--Chapter 75 of title 46, United States Code, as amended by section 5(a) of this Act, is further amended by adding at the end the following: ``Sec. 7508. Authority to extend the duration of licenses, certificates of registry, and merchant mariner documents ``(a) Licenses and Certificates of Registry.--Notwithstanding section 7106 and 7107, the Secretary of the department in which the Coast Guard is operating may extend for one year an expiring license or certificate of registry issued for an individual under chapter 71 if the Secretary determines that such action is required to enable the Coast Guard to eliminate a backlog in processing applications for such licenses or certificates of registry. ``(b) Merchant Mariner Documents.--Notwithstanding section 7302(g), the Secretary may extend for one year an expiring merchant mariner's document issued for an individual under chapter 71 if the Secretary determines that such action is required to enable the Coast Guard to eliminate a backlog in processing applications for such documents. ``(c) Manner of Extension.--Any extensions granted under this section may be granted to individual seamen or a specifically identified group of seamen. ``(d) Expiration of Authority.--The authority for providing an extension under this section shall expire on June 30, 2009.''. (b) Clerical Amendment.--The analysis for such chapter, as amended by section 5(b), is further amended by adding at the end the following: ``7508. Authority to extend the duration of licenses, certificates of registry, and merchant mariner documents.''. SEC. 7. MERCHANT MARINER DOCUMENTATION. (a) Interim Clearance Process.--Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall develop an interim clearance process for issuance of a merchant mariner document to enable a newly hired seaman to begin working on an offshore supply vessel or towing vessel if the Secretary makes an initial determination that the seaman does not pose a safety and security risk. (b) Contents of Process.--The process under subsection (a) shall include a check against the consolidated and integrated terrorist watch list maintained by the Federal Government, review of the seaman's criminal record, and review of the results of testing the seaman for use of a dangerous drug (as defined in section 2101 of title 46, United States Code) in violation of law or Federal regulation. SEC. 8. MERCHANT MARINER ASSISTANCE REPORT. Not later than 180 days after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report regarding a plan-- (1) to expand the streamlined evaluation process program that was affiliated with the Houston Regional Examination Center of the Coast Guard to all processing centers of the Coast Guard nationwide; (2) to include proposals to simplify the application process for a license as an officer, staff officer, or operator and for a merchant mariner's document to help eliminate errors by merchant mariners when completing the application form (CG- 719B), including instructions attached to the application form and a modified application form for renewals with questions pertaining only to the period of time since the previous application; (3) to provide notice to an applicant of the status of the pending application, including a process to allow the applicant to check on the status of the application by electronic means; and (4) to ensure that all information collected with respect to applications for new or renewed licenses, merchant mariner documents, and certificates of registry is retained in a secure electronic format. SEC. 9. MERCHANT MARINER SHORTAGE REPORT. Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation, acting through the Administrator of the Maritime Administration, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report concerning methods to address the current and future shortage in the number of merchant mariners, particularly entry-level mariners, including an evaluation of whether an educational loan program providing loans for the cost of on-the-job training would provide an incentive for workers and help alleviate the shortage. SEC. 10. MERCHANT MARINER DOCUMENT STANDARDS. Not later than 270 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate-- (1) a plan to ensure that the process for an application, by an individual who has, or has applied for, a transportation security card under section 70105 of title 46, United States Code, for a merchant mariner document can be completed entirely by mail; and (2) a report on the feasibility of, and a timeline to, redesign the merchant mariner document to comply with the requirements of such section, including a biometric identifier, and all relevant international conventions, including the International Labour Organization Convention Number 185 concerning the seafarers identity document, and include a review on whether or not such redesign will eliminate the need for separate credentials and background screening and streamline the application process for mariners.

Merchant Mariner Credentials Improvement Act of 2007 - Revises requirements with respect to merchant mariner's documents, licenses, and certificates of registry to authorize the advanced renewal of such items which shall not be valid until the date that the originally issued items expire. Prohibits the Secretary of the department in which the Coast Guard is operating from charging a fee for the application, processing, or issuance of a merchant mariner's document if, within 30 days of the date the individual submits a complete application for the document, the Secretary has not: (1) issued the document to the individual; or (2) notified the individual that the document will not be issued because the individual does not meet certain qualifications. Prohibits the Secretary from requiring an individual to be fingerprinted for the issuance or renewal of a merchant mariner's document, license, or certificate of registry if the individual was previously fingerprinted upon applying for a transportation security card. Extends an expiring merchant mariner's document, license, or certificate of registry for one year (currently, such items are issued for a five-year period with renewals for additional five-year periods) to help eliminate a backlog in processing such items. Requires the Secretary to develop an interim clearance process for issuance of merchant mariner's documents to help newly hired seamen who do not pose a safety and security risk to begin working on an offshore supply vessel or towing vessel. Requires the Secretary to report to Congress on: (1) a plan to ensure that the application process for a merchant mariner document can be completed entirely by mail; and (2) the feasibility of the redesign of such document to comply with certain standards.

To amend title 46, United States Code, to repeal requirements that applicants for merchant seamen licenses and certificates and merchant mariner's documents must take oaths, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Red Lake Band of Chippewa Indians of Minnesota Use or Distribution of Indian Judgment Funds Plan Approval Act''. SEC. 2. FINDINGS. Congress finds the following: (1) On August 2, 1951, the Red Lake Band of Chippewa Indians of Minnesota filed a complaint before the Indian Claims Commission in Red Lake Band of Chippewa Indians v. United States, Docket Nos. 189-A, 189-B, and 189-C, pursuant to the Indian Claims Commission Act (25 U.S.C. 70 et seq.). (2) Upon the close of the Indian Claims Commission in 1976, all of the cases then remaining unresolved, included Red Lake Band of Chippewa Indians v. United States, Docket Nos. 189-A, 189-B, and 189-C, were transferred to the Court of Claims (now known as the United States Court of Federal Claims). (3) The Red Lake Band obtained a settlement in Dockets 189- A and 189-B in 1997, for a total of $27,105,000. (4) That 1997 settlement was distributed pursuant to the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.), except for $3,780,616.20, which were escrowed in the name of the Red Lake Band at the Office of Trust Funds Management of the Department of the Interior pursuant to an Escrow Agreement dated August 20, 1998. (5) The escrowed funds were for the purpose of securing repayment to the United States for certain expert witness loans made by the United States to the Red Lake Band to assist the Band in developing the evidence needed to prosecute its claims in Dockets 189-A, 189-B, and 189-C. (6) Pursuant to section 813 of the Omnibus Indian Advancement Act (Public Law 106-568), the balance of such Red Lake Band expert witness loans was canceled, thereby releasing the Red Lake Band from any liability associated with such loans. (7) The escrowed funds and the investment income earned thereon are ready for distribution along with other funds secured to the Red Lake Band from the order and judgment entered in its favor by the Court of Federal Claims on January 16, 2001, in the amount of $53,500,000 and the investment income earned thereon. (8) A use or distribution plan for those funds was approved by the Secretary and submitted to Congress pursuant to the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.) and provides as follows: (A) $40,000,000 shall be disbursed to a permanent trust fund that, consistent with the Settlement Agreement entered into between the Red Lake Band and the United States in Docket 189-C, the Red Lake Band has created pursuant to Tribal Resolution No. 243-2000 and Ordinance adopted thereby No. 02-2000, and from which fund some of the interest income will be expended in accordance with a reforestation plan, which is described in the Use or Distribution Plan and which may be amended from time to time as provided in the Use or Distribution Plan. (B) $7,525,657 shall be disbursed to the Red Lake Band for reimbursement to the Band for litigation- related fees, costs, and expenses it has incurred in the successful prosecution of the claims in Docket 189- C, and $680,578 shall be disbursed to the Red Lake Band for expenses and fees, including legal costs, related to the Band's ongoing land restoration project. (C) The remaining funds, estimated to be $10,422,394.00, together with all investment income earned on the Current Red Lake Judgment Funds through the date of disbursement by the Office of Trust Funds Management, shall be paid out per capita to the members of the Red Lake Band who were born and alive on July 31, 2001. (9) The Use or Distribution Plan is in the best interests of the Red Lake Band. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) Current red lake judgment funds.--The term ``Current Red Lake Judgment Funds'' means the escrowed funds described in section 2(a)(4), together with the judgment amount of January 16, 2001, described in section 2(a)(7), along with all interest earned on those amounts while held by the Office of Trust Funds Management. (2) Red lake band.--The term ``Red Lake Band'' means the Red Lake Band of Chippewa Indians of Minnesota of the Red Lake Indian Reservation in north central Minnesota. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Use or distribution plan.--The term ``Use or Distribution Plan'' means the use or distribution plan approved by the Secretary and submitted to Congress as described in section 2(8). SEC. 4. APPROVAL OF SECRETARIAL PLAN Congress hereby approves the Use or Distribution Plan. SEC. 5. PLAN APPROVAL AND AUTHORIZATION FOR IMMEDIATE DISBURSEMENT OF FUNDS. The Secretary, through the Office of Trust Funds Management, shall immediately disburse the funds identified in this Act as follows: (1) $40,000,000 to a permanent trust fund that, consistent with the Settlement Agreement entered into between the Red Lake Band and the United States in Docket 189-C, the Red Lake Band has created pursuant to Tribal Resolution No. 243-2000 and Ordinance adopted thereby No. 02-2000, and from which fund some of the interest income shall be expended in accordance with a reforestation plan, which is described in the Use or Distribution Plan and which may be amended from time to time as provided in the Use or Distribution Plan. (2) $7,525,657 to the Red Lake Band for reimbursement to the Band for litigation-related fees, costs, and expenses it has incurred in the successful prosecution of the claims in Docket 189-C and related matters. (3) $680,578 to the Red Lake Band for expenses and fees, including legal costs, related to the Band's ongoing land restoration project. (4) $10,422,394, and all investment income earned on the Current Red Lake Judgment Funds through the date of disbursement by the Secretary through the Office of Trust Funds Management, per capita to the members of the Red Lake Band who were born and alive on July 31, 2001. Such payments shall be exempt to the extent provided in section 7 of the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1407).

Red Lake Band of Chippewa Indians of Minnesota Use or Distribution of Indian Judgment Funds Plan Approval Act - Approves the Use or Distribution Plan for specified escrowed funds, investment income, and funds secured to the Red Lake Band from the order and judgment entered in its favor on January 16, 2001.Directs the Secretary of the Interior, acting through the Office of Trust Funds Management, to immediately disburse the funds as specified, including amounts for: (1) a permanent trust fund; (2) litigation-related expenses incurred for Docket 189-C claims; (3) land restoration project expenses and fees; and (4) per capita disbursement to Red Lake Band members.

To approve the use or distribution of judgment funds of the Red Lake Band of Chippewa Indians of Minnesota by the Senate and the House of Representatives, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Labor Management Reporting and Disclosure Enforcement Act of 2008''. SEC. 2. CIVIL MONEY PENALTIES FOR FAILURE TO PROVIDE INFORMATION TO MEMBERS. Section 201 of the Labor-Management Reporting and Disclosure Act (29 U.S.C. 431), is amended-- (1) by redesignating subsection (c) as subsection (c)(1); and (2) by inserting thereafter the following: ``(2) Any labor organization that fails to meet the requirements of paragraph (1) with respect to a member, by refusing to make available the information required to be contained in a report required to be submitted under this subchapter, and any books, records, and accounts necessary to verify such report (unless such failure or refusal results from matters reasonably beyond the control of the labor organization) may in the court's discretion, and in addition to any other relief provided by law, be liable to such member in the amount of up to $250 a day from the date of such failure or refusal, and the court may in its discretion order such other relief as it deems proper. For purposes of this paragraph, each violation with respect to any single member shall be treated as a separate violation.''. SEC. 3. CIVIL MONEY PENALTIES FOR FAILURE TO FILE A TIMELY REPORT. Section 210 of the Labor-Management Reporting and Disclosure Act (29 U.S.C. 440) is amended to read as follows: ``SEC. 210. CIVIL ENFORCEMENT. ``(a) In General.--Whenever it shall appear that any person has violated or is about to violate any of the provisions of this title, or section 301(a), the Secretary may bring a civil action for such relief, including an injunction and enforcement of administrative penalties imposed pursuant to section 211, as may be appropriate. Any such action may be brought in the district court of the United States where the violation occurred or in the United States District Court for the District of Columbia. ``(b) Scope of Review.--Upon a complaint filed by the Secretary seeking relief under this section, the district court shall impose the civil money penalty that has been determined to be appropriate by the Secretary provided the person, labor organization, or employer against whom the relief is sought has been given written notice and afforded an opportunity to be heard before the Secretary or a designee under procedures established by the Secretary pursuant to section 211. Such penalty shall not be imposed by the court if the Secretary's determination is shown to be arbitrary and capricious. The court shall not consider any objection or argument that was not raised in the proceedings before the Secretary. ``(c) Appropriateness of Injunctive Relief.--Upon a complaint filed by the Secretary seeking relief under this section demonstrating that a person, labor organization, or employer has failed to file timely and complete reports required by the statute, or has filed reports that are substantially incomplete or inaccurate, or that information required to be reported may be lost or destroyed absent such relief, the district court shall issue an order enjoining continued violation of this title. Injunctive relief may be awarded in addition to any other additional civil or criminal remedy and whether or not the Secretary seeks enforcement of an administratively imposed civil money penalty.''. SEC. 4. ADMINISTRATIVE AUTHORITY TO IMPOSE CIVIL MONEY PENALTIES. Title II of the Labor-Management Reporting and Disclosure Act (29 U.S.C. 431 et seq.) is amended-- (1) by redesignating section 211 as section 212; and (2) by inserting after section 210 the following: ``SEC. 211. CIVIL MONEY PENALTIES. ``(a) In General.--The Secretary, upon finding a violation of section 201(a), 201(b), 202, 203, 207, 212, or 301(a), may assess against the person, labor organization or employer responsible for such violation a civil money penalty of up to $250 a day from the date of the violation. The amount of this penalty shall be adjusted in accordance with the inflation adjustment procedures prescribed in the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. ``(b) Limitation.--No person, labor organization or employer shall be required to pay a penalty under this paragraph for any violation a material cause of which was reasonably beyond the control of that person, labor organization or employer. ``(c) Incomplete Reports.--A report rejected by the Secretary as incomplete shall be considered not filed for purposes of determining whether there has been a violation of section 201(a), 201(b), 202, 203, 207, 212, or 301(a) and a penalty may be assessed for such a violation. ``(d) Maximum Penalty.--A penalty imposed for a violation under this section, as determined by the Secretary, may not exceed $250 a day or $10,000 in aggregate, as adjusted in accordance with the inflation adjustment procedures prescribed in the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. ``(e) Effect on Criminal Penalties.--The imposition of civil money penalties under this section shall not affect the availability of criminal sanctions against any person who knowingly or willfully violates a provision of this Act. ``(f) Administrative Procedures.--The Secretary shall establish standards and procedures governing the imposition of civil money penalties under subsection (a). Such standards and procedures shall-- ``(1) provide for written notice to the person or entity alleged to have violated section 201(a), 201(b), 202, 203, 207, 212, or 301(a) and an opportunity to be heard before the Secretary or a designee; and ``(2) be established by the Secretary pursuant to sections 208 and 606. ``(g) Factors in Determining Amount of Penalty.--In determining the amount of a penalty under subsection (a), consideration may be given to such factors as the gravity of the offense, any history of prior offenses (including offenses occurring before enactment of this section), ability to pay the penalty without material impairment of the ability to carry out representational functions or to honor other financial obligations, injury to uninvolved members of the labor organization, injury to the public, benefits received from the violation, deterrence of future violations, and such other factors as the Secretary may determine to be appropriate. ``(h) Judicial Review.-- ``(1) In general.--After exhausting all administrative remedies established by the Secretary under subsection (f), a person, labor organization, or employer against whom the Secretary has imposed a civil money penalty under subsection (a) may obtain a review of the penalty in the United States District Court where the violation occurred or in the United States District Court for the District of Columbia, by filing in such court, within 30 days of the entry of a final order imposing such a penalty, a written petition that the Secretary's order or determination be modified or be set aside in whole or in part. ``(2) Standard.--Upon petition for review of a penalty by a party against whom such a penalty has been ordered, the district court shall impose the civil money penalty determined to be appropriate by the Secretary, provided the person, labor organization, or employer against whom the relief is sought has been given written notice and afforded an opportunity to be heard before the Secretary or a designee under procedures established by the Secretary pursuant to section 211, unless the Secretary's determination is shown to be arbitrary and capricious. The court shall not consider any objection or argument that was not raised before the Secretary. ``(i) Settlement by Secretary.--The Secretary may compromise, modify, or remit any civil money penalty that may be, or has been, imposed under this section.''. SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. The Labor-Management Reporting and Disclosure Act is further amended-- (1) in section 205 (29 U.S.C. 435), by striking ``211'' each place it appears and inserting ``212''; (2) in section 207(b) (29 U.S.C. 437(b)), by striking ``211'' each place it appears and inserting ``212''; and (3) in section 301(b) (29 U.S.C. 461(b)), by striking ``and 210'' and inserting ``210 and 211''.

Labor Management Reporting and Disclosure Enforcement Act of 2008 - Amends the Labor-Management Reporting and Disclosure Act of 1959 (Landrum-Griffin Act) to make a labor organization liable to any of its members for a civil money penalty of up to $250 for each day that it fails to provide such member information regarding the organization's constitution, bylaws, organization report, and annual financial report, including any books, records, and accounts necessary to verify such reports. Authorizes the Secretary of Labor to bring an action in U.S. district court for injunctive relief and enforcement of administrative penalties against any person who has violated or is about to violate any reporting requirements of such Act, including those applying to a labor organization which has or assumes trusteeship over any subordinate labor organization. Requires a district court, upon a complaint by the Secretary that demonstrates failure to file timely and complete reports, to enjoin continued violation of the related reporting requirements. Authorizes the Secretary, upon finding a violation of specified reporting and disclosure requirements, to impose an administrative money penalty of up to $250 a day, or $10,000 in aggregate, adjusted for inflation, against the person, labor organization, or employer responsible for such violation.

To amend the Labor-Management Reporting and Disclosure Act to provide for specified civil penalties for violations of that Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Endangering the Records of Veterans (SERVE) Act of 2006''. SEC. 2. FINDINGS. Congress finds as follows: (1) Identity theft remains a critical problem for consumers. In May 2006, the Federal Trade Commission revealed that 10,000,000 individuals are subjected to theft of their personal identification licenses and records each year. (2) Recent thefts of computer hardware containing sensitive personal information from the Department of Veterans Affairs and its contractors have made millions of veterans vulnerable to identity theft and fraud. (3) On May 22, 2006, the Department of Veterans Affairs announced an employee laptop containing personal records of nearly 26,500,000 million veterans and spouses had been stolen. (4) On August 7, 2006, a desktop computer containing personal information of more than 38,000 veterans was stolen from a subcontractor hired to assist in insurance collections for medical centers of the Department of Veterans Affairs in Pittsburgh and Philadelphia, Pennsylvania. (5) In August 2006, in response to the loss of these records, the Secretary of Veterans Affairs created the office of Special Advisor to the Secretary for Information Security. (6) On August 14, 2006, the Secretary announced the award of a $3,700,000 contract to a service-disabled, veteran-owned small business to upgrade all Department computers with enhanced data security encryption systems. (7) In order to prevent the Nation's veterans from being exposed to identity theft and fraud, additional Federal safeguards, including those provided by this Act, must be applied to increase accountability of those who handle veterans' records in order to prevent future losses of sensitive personal information. SEC. 3. DEPARTMENT OF VETERANS AFFAIRS INFORMATION SECURITY. (a) Information Security.--Chapter 57 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER III--INFORMATION SECURITY ``Sec. 5721. Definitions ``For the purposes of this subchapter: ``(1) The term `sensitive personal information' means the name, address, or telephone number of an individual, in combination with any of the following: ``(A) The social security number of the individual. ``(B) The date of birth of the individual. ``(C) Any information not available as part of the public record regarding the individual's military service or health. ``(D) Any financial account or other financial information relating to the individual. ``(E) The driver's license number of the individual. ``(2) The term `encrypt' means to use software to obscure electronic information to make that information unreadable for unauthorized employees and contractors of the Department. ``Sec. 5722. Physical security of sensitive personal information processed or maintained by the Secretary ``The Secretary shall physically secure all sensitive personal information processed or maintained by the Secretary and all equipment of the Department containing such sensitive personal information. ``Sec. 5723. Encryption of sensitive personal information processed or maintained by the Secretary ``The Secretary shall encrypt all sensitive personal information processed or maintained by the Secretary. ``Sec. 5724. Contracts for the processing or maintenance of sensitive personal information ``(a) Contract Requirements.--If the Secretary enters into a contract for the performance of any Department function that requires access to sensitive personal information, the Secretary shall require as a condition of the contract that-- ``(1) the contractor ensures that it will-- ``(A) encrypt or encode any such information to which the contractor has access; and ``(B) physically secure all such information that it processes or maintains and all equipment containing such information; and ``(2) the contractor agrees to reimburse the Secretary for any amount paid by the Secretary to any person as a result of the contractor's unauthorized disclosure of any sensitive personal information to which the contractor has access under the contract. ``(b) Penalty for Violations.--Any contractor who violates any requirement of this subtitle shall be debarred from contracting with the Department for a period of one year. ``Sec. 5725. Criminal penalty for unauthorized disclosure of sensitive personal information ``Any person who engages in the unauthorized disclosure of sensitive personal information processed or maintained by the Secretary or by a contractor performing a function on behalf of the Secretary shall be fined in accordance with title 18, imprisoned for not more than one year, or both.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new items: ``subchapter iii--information security ``5721. Definitions. ``5722. Physical security of sensitive personal information processed or maintained by the Secretary. ``5723. Encryption of sensitive personal information processed or maintained by the Secretary. ``5724. Contracts for the processing or maintenance of sensitive personal information. ``5725. Criminal penalty for unauthorized disclosure of sensitive personal information.''. (c) Implementation.--The requirement of section 5723 of title 38, United States Code, as added by subsection (a), shall be implemented not later than 90 days after the date of the enactment of this Act. SEC. 4. DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET STUDY AND REPORT. Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall complete a study of the security of personal information maintained or processed by the Secretary of Veterans Affairs and shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing the findings of that study and any recommendations of the Director.

Stop Endangering the Records of Veterans (SERVE) Act of 2006 - Directs the Secretary of Veterans Affairs to: (1) physically secure all sensitive personal information processed or maintained by the Department of Veterans Affairs (VA) and all equipment containing such information; (2) encrypt all sensitive personal information; and (3) require VA contractors with access to sensitive personal information to encrypt or encode such information and physically secure all equipment containing such information. Defines "sensitive personal information" to include social security numbers, dates of birth, and individual financial information. Imposes criminal penalties for the unauthorized disclosure of sensitive personal information.

To amend title 38, United States Code, to provide for enhanced protection of sensitive personal information processed or maintained by the Secretary of Veterans Affairs.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Christopher Bryski Student Loan Protection Act'' or ``Christopher's Law''. (b) Findings.--Congress finds the following: (1) No requirement exists for private educational lenders' promissory notes to include a clear and conspicuous description of the responsibilities of a borrower and cosigner in the event the borrower or cosigner becomes disabled, incapacitated, or dies. (2) An estimated 1,700,000 people sustain a traumatic brain injury each year, with older adolescents aged 15 to 19 years old more likely to sustain a traumatic brain injury than other age groups. (3) It has been estimated that the annual incidence of spinal cord injury, not including those who die at the scene of an accident, is approximately 40 cases per 1,000,000 people in the United States or approximately 12,000 new cases each year. These injuries can lead to permanent disability or loss of movement and can prohibit the victim from engaging in any substantial gainful activity. (4) In the 2007-2008 academic year, 13 percent of students attending a 4-year public institution of higher education, and 26.2 percent of students attending a 4-year private institution of higher education, borrowed monies from private educational lenders. (5) According to Sallie Mae, in 2009, the percentage of cosigned private education loans increased from 66 percent to 84 percent of all private education loans. SEC. 2. ADDITIONAL STUDENT LOAN PROTECTIONS. (a) In General.--Section 140 of the Truth in Lending Act (15 U.S.C. 1650) is amended by adding at the end the following: ``(g) Additional Protections Relating to Death or Disability of Borrower or Cosigner of a Private Education Loan.-- ``(1) Clear and conspicuous description of cosigner's obligation.--In the case of any private educational lender who extends a private education loan for which any cosigner is jointly liable, the lender shall clearly and conspicuously describe, in writing, the cosigner's obligations with respect to the loan, including the effect the death, disability, or inability to engage in any substantial gainful activity of the borrower or any cosigner would have on any such obligation, in language that the Bureau determines would give a reasonable person a reasonable understanding of the obligation being assumed by becoming a cosigner for the loan. ``(2) Model form.--The Bureau shall publish a model form under section 105 for describing a cosigner's obligation for purposes of paragraph (1). ``(3) Definition of death, disability, or inability to engage in any substantial gainful activity.--For the purposes of this subsection with respect to a borrower or cosigner, the term `death, disability, or inability to engage in any substantial gainful activity'-- ``(A) means any condition described in section 437(a) of the Higher Education Act of 1965 (20 U.S.C. 1087(a)); and ``(B) shall be interpreted by the Bureau in such a manner as to conform with the regulations prescribed by the Secretary of Education under section 437(a) of such Act (20 U.S.C. 1087(a)) to the fullest extent practicable, including safeguards to prevent fraud and abuse.''. (b) Definitions.--Section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)) is amended-- (1) by redesignating paragraphs (1) through (8) as paragraphs (2) through (9), respectively; and (2) by inserting before paragraph (2) (as redesignated by paragraph (1)) the following: ``(1) the term `cosigner'-- ``(A) means any individual who is liable for the obligation of another without compensation, regardless of how designated in the contract or instrument; ``(B) includes any person whose signature is requested as condition to grant credit or to forbear on collection; and ``(C) does not include a spouse of an individual referred to in subparagraph (A) whose signature is needed to perfect the security interest in the loan;''. SEC. 3. FEDERAL STUDENT LOANS. Section 485(l)(2) of the Higher Education Act of 1965 (20 U.S.C. 1092(l)(2)) is amended by adding at the end the following: ``(L) Information on the conditions required to discharge the loan due to the death, disability, or inability to engage in any substantial gainful activity of the borrower in accordance with section 437(a), and an explanation that, in the case of a private education loan made through a private educational lender (as such terms are defined in section 140 of the Truth in Lending Act (15 U.S.C. 1650)), the borrower, the borrower's estate, and any cosigner of such a private education loan may be obligated to repay the full amount of the loan, regardless of the death or disability of the borrower or any other condition described in section 437(a).''.

Christopher Bryski Student Loan Protection Act or Christopher's Law - Amends the Truth in Lending Act to require lenders of private educational loans for which cosigners are held jointly liable to describe clearly and conspicuously, in writing, the cosigners' obligations regarding such loans, including the effect a borrower's or cosigner's death, disability, or inability to engage in any substantial gainful activity would have on such obligations. Directs the Consumer Financial Protection Bureau (CFPB) to publish a model form for describing those obligations. Amends the Higher Education Act of 1965 to require institutions of higher education to provide borrowers of federal educational loans information at their entrance counseling on the effect their death, disability, or inability to engage in any substantial gainful activity would have on their federal and private educational loans.

A bill to amend the Truth in Lending Act and the Higher Education Act of 1965 to require additional disclosures and protections for students and cosigners with respect to student loans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children First Act of 2011''. SEC. 2. EXCLUSION OF CHILD CARE FROM THE DEFINITION OF TANF ASSISTANCE. Section 408(a)(7) of the Social Security Act (42 U.S.C. 608(a)(7)) is amended by adding at the end the following: ``(H) Limitation on meaning of `assistance' for families receiving child care.--For purposes of subparagraph (A), any funds provided under this part that are used to provide child care for a family during a month under the State program funded under this part shall not be considered assistance under the program.''. SEC. 3. INCREASE IN FUNDING FOR CHILD CARE. Section 418(a)(3) of the Social Security Act (42 U.S.C. 618(a)(3)) is amended-- (1) by striking the period at the end of subparagraph (G) and inserting a semicolon; and (2) by adding at the end the following: ``(H) $3,417,000,000 for fiscal year 2012; ``(I) $3,617,000,000 for fiscal year 2013; and ``(J) $3,667,000,000 for each of fiscal years 2014 through 2021. For amounts appropriated for grants under this section for fiscal year 2011, see section 811(a) of Public Law 111-291.''. SEC. 4. APPLICABILITY OF STATE OR LOCAL HEALTH AND SAFETY STANDARDS TO OTHER TANF CHILD CARE SPENDING. Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended by adding at the end the following: ``(8) Certification of procedures to ensure that child care providers comply with applicable state or local health and safety standards.--A certification by the chief executive officer of the State that procedures are in effect to ensure that any child care provider in the State that provides services funded through expenditures under this part or with qualified State expenditures complies with all applicable State or local health and safety requirements as described in section 658E(c)(2)(F) of the Child Care and Development Block Grant Act of 1990.''. SEC. 5. AVAILABILITY OF CHILD CARE FOR PARENTS REQUIRED TO WORK. Section 407(e)(2) of the Social Security Act (42 U.S.C. 607(e)(2)) is amended-- (1) by inserting ``or other individual with custody'' after ``parent''; and (2) by striking ``6'' and inserting ``13''. SEC. 6. APPLICATION OF CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990 REPORTING RULES TO TANF FUNDS EXPENDED FOR CHILD CARE. (a) In General.--Section 411(a) of the Social Security Act (42 U.S.C. 611(a)) is amended-- (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6), the following: ``(7) Application of child care and development block grant act of 1990 reporting rules to funds expended for child care.-- Any funds provided under this part that are expended for child care, whether or not transferred to the Child Care and Development Block Grant Act of 1990, shall be subject to the individual and case data reporting requirements imposed under that Act and need not be included in the report required by paragraph (1) for a fiscal quarter.''. (b) Conforming Amendment.--Section 411(a)(1)(A)(ix) of such Act (42 U.S.C. 611(a)(1)(A)(ix)) is amended by striking ``supplemental nutrition assistance program benefits, or subsidized child care, and if the latter 2,'' and inserting ``or supplemental nutrition assistance program benefits, and if the latter,''. SEC. 7. EFFECTIVE DATE. (a) In General.--Subject to subsections (b) and (c), the amendments made by this Act shall take effect on October 1, 2011, and shall apply to payments under part A of title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. (b) Application of Reporting Rules.--The amendments made by section 6 shall take effect on October 1, 2012. (c) Delay Permitted if State Legislation Required.--In the case of a State plan under section 402(a) of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such section 402(a) solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Children First Act of 2011 - Amends part A (Temporary Assistance for Needy Families) (TANF) of the Social Security Act (SSA) to: (1) exclude child care assistance from the determination of the five-year limit on assistance under TANF, and (2) increase funding for child care. Requires the plans submitted to the Secretary of Health and Human Services (HHS) by eligible states to contain provisions for certification of procedures to ensure that child care providers comply with applicable state or local health and safety standards. Increases from 6 to 13 the maximum age allowed of a child under the care of a single custodial parent or other individual with custody who will not be subject to a reduction or termination of TANF assistance as a result of a refusal of the individual to engage in work. Subjects to the individual and case data reporting requirements of the Child Care and Development Block Grant Act of 1990 any TANF funds expended for child care, whether or not transferred to that Act, and exempts such funds from SSA reporting requirements.

To amend part A of title IV of the Social Security Act to exclude child care from the determination of the 5-year limit on assistance under the temporary assistance for needy families program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare to Work Act of 1994''. SEC. 2. SENSE OF THE CONGRESS. It is the sense of the Congress that-- (1) the lack of entry level jobs which lead to permanent gainful employment is a significant impediment to the ability of welfare recipients to enter the workforce; (2) even the healthiest economy would be hard-pressed to create the requisite number of entry level jobs necessary to provide permanent employment to a significant percentage of AFDC recipients; (3) funds which are currently spent for AFDC payments would have greater economic value if exchanged for work; (4) ``make work'' government workfare programs to require work to exchange for AFDC payments are no substitute for experience in the private sector, which develops valuable skills and can lead to permanent, gainful employment; and (5) in order to break the cycle of welfare, maximize the economic value of AFDC payments by exchanging them for work, provide AFDC recipients with a pathway to permanent, gainful employment, and support the efforts to business to hire AFDC recipients, a one-year tax credit should be extended to businesses for wages paid to employees whose employment results in a termination of AFDC eligibility. SEC. 3. REFUNDABLE CREDIT FOR HIRING AFDC RECIPIENTS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. EMPLOYMENT OF AFDC RECIPIENTS. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the sum of-- ``(1) 50 percent of qualified first-year wages to the extent such wages do not exceed $6,000, plus ``(2) 25 percent of such wages to the extent such wages exceed $6,000 but do not exceed $12,000. ``(b) Qualified First-Year Wages.--For purposes of this section-- ``(1) In general.--The term `qualified first-year wages' means, with respect to any individual, qualified wages attributable to services rendered during the 1-year period beginning with the day the individual begins work for the employer. ``(2) Limitation if credit allowed to other employer.--The 1-year period referred to in paragraph (1) shall be reduced (but not below zero) by the aggregate of the prior periods the individual rendered services for other employers to the extent the wages for such periods were taken into account as qualified first-year wages by any other employer and such periods exceeded 12 months in the aggregate. ``(3) Qualified wages.--The term `qualified wages' means wages paid or incurred by the employer during the taxable year to qualified former AFDC recipients. ``(4) Wages.--Except as provided in subsection (d)(4), the term `wages' has the meaning given such term by section 51(d) (determined without regard to paragraph (4) thereof). ``(c) Qualified Former AFDC Recipient.--For purposes of this section, the term `qualified former AFDC recipient' means any individual if such individual is certified by the designated local agency (as defined in section 51(d)(15))-- ``(1) as being a member of a family with respect to which benefits were being paid under a State plan approved under part A of title IV of the Social Security Act immediately before such individual's employment with the employer, and ``(2) whose wages from the employer are sufficient to render such family ineligible for such benefits. Such term shall not include any individual who is a member of a targeted group (as defined in section 51(d)). ``(d) Prohibition on Replacing Existing Workers For Purposes of Obtaining Credit.--No credit shall be allowed by this section for wages paid to a qualified former AFDC recipient who replaces an employee whose performance is satisfactory and who is terminated without cause. ``(e) Certain Definitions and Special Rules To Apply.--Rules similar to the rules of subsections (d)(16), (f), (g), (h), (i), (j), and (k) of section 51, and section 52, shall apply for purposes of this section.'' (b) Technical Amendments.-- (1) Subsection (a) of section 280C of such Code (relating to certain expenses for which credits allowable) is amended by inserting ``35(a),'' before ``45(a)''. (2) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``or from section 35 of such Code''. (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the last item and inserting the following new item: ``Sec. 35. Employment of AFDC recipients. ``Sec. 36. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act.

Welfare to Work Act of 1994 - Amends the Internal Revenue Code to allow a refundable credit for the hiring of qualified former recipients of Aid to Families with Dependent Children (AFDC) under title IV of the Social Security Act. Prohibits replacing existing workers in order to obtain such credit.

Welfare to Work Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Municipal Securities Disclosure Act of 2016''. SEC. 2. CERTAIN PRIVATE ACTIVITY BONDS SUBJECT TO REGISTRATION. Section 3(a)(2) of the Securities Act of 1933 (15 U.S.C. 77c(a)(2)) is amended by striking ``or any security which is an industrial development bond'' and all that follows through ``section 103(c) does not apply to such security;''. SEC. 3. MUNICIPAL SECURITIES DISCLOSURE. (a) In General.--Section 15B of the Securities Exchange Act of 1934 (15 U.S.C. 78o-4) is amended-- (1) in subsection (e)(8), by inserting after ``municipal corporate instrumentality of a State'' the following: ``or of a political subdivision of a State''; and (2) by adding at the end the following: ``(f) Municipal Securities Disclosure.-- ``(1) Periodic reports and reports of certain enumerated events.-- ``(A) In general.--Any issuer of, or obligated person with respect to, municipal securities which has outstanding during any portion of a fiscal year an aggregate principal amount of municipal securities exceeding such sums as determined by the Commission shall prepare annual periodic reports and, in a timely manner, reports of certain enumerated events, as defined by rule or regulation of the Commission, in such form and in such time periods as the Commission may prescribe as being necessary or appropriate in the public interest or for the protection of investors. ``(B) Deadline.--The Commission shall determine the deadline for when a periodic report described under subparagraph (A) shall be prepared. ``(C) Authority to scale requirements.--In issuing rules to carry out subparagraphs (A) and (B), the Commission may set different requirements for different classes of issuers or other obligated persons, including for issuers or other obligated persons of different sizes, as appropriate. ``(2) Official statements for primary offerings.-- ``(A) In general.--It shall be unlawful for any issuer of, or obligated person with respect to, municipal securities that offers or sells an issue of municipal securities in a public offering, the aggregate principal amount of which exceeds an amount to be determined by the Commission, to make use of the mails or any means or instrumentality of interstate commerce to effect any transaction in, or to induce or attempt to induce the purchase or sale of, any municipal security unless such issuer or other obligated person, prior to the offer or sale, prepares and disseminates an official statement in accordance with such rules and regulations as the Commission may prescribe as being necessary or appropriate in the public interest or for the protection of investors. ``(B) Contents.--The official statement described in subparagraph (A) shall contain such information as the Commission may, in its discretion, by rule or regulation prescribe, including-- ``(i) an identification and description of the issuer of, or any other obligated person with respect to, the securities being offered; ``(ii) a description of any legal limitation on the incurrence of indebtedness by the issuer, other obligated person, or the taxing authority of the issuer; ``(iii) a description of the issuer's or other obligated person's debt structure, including information with respect to amounts of authorized and outstanding debt, estimated amount of short-term debt, character of amortization provisions of debt, sinking fund requirements, security for debt, nature and extent of guaranteed debt, and debt service requirements; ``(iv) a description of the nature and extent of other material contingent liabilities or commitments of the issuer or other obligated person that could affect timely repayment of the subject debt, including any loans or alternative financings; ``(v) if any payment of principal or interest on any security of the issuer or any predecessor thereof has been defaulted on, or has been postponed or delayed, during the 10 years preceding the date of the official statement, a description of the date, amounts, and circumstances of such default, postponement, or delay and of the terms of any succeeding arrangements thereof; ``(vi) if the securities are supported by taxes (including special assessments or payments in lieu of taxes)-- ``(I) a description of the issuer's or other obligated person's tax authority and structure relating to the specific tax or taxes that serve as security for the debt over the 5 years preceding the date of the official statement, including the nature of taxes levied, tax rates, real and personal property valuation and assessment procedures, amounts of property valuations and assessments, amounts of tax levies, amounts of tax collections, and delinquent tax procedures and experience; ``(II) if the applicable taxes have not been levied as of the date of the official statement, an estimate of the future tax revenues during the term of the securities, including the basis for such estimate; and ``(III) a description of the issuer's or other obligated person's major taxpayers relating to the specific tax or taxes that serve as security for the debt; ``(vii) if material to the type of debt being offered, the financial statements of the issuer or other obligated person-- ``(I) in such detail and form, and for such periods beginning not earlier than the 5th fiscal year of the issuer or other obligated person ending before the date of the official statement, as the Commission may prescribe; and ``(II) for any fiscal year beginning on or after December 31, 2015, that are audited and reported on by an independent public, or certified accountant or examiner from an independent State agency authorized by law to perform such functions, in such manner as the Commission may prescribe; ``(viii) a description of the offering, including amount to be offered, price, plan of distribution, and underwriting arrangements and compensation; ``(ix) a description of the securities to be offered, including whether the securities are secured by collateral or property, or other credit enhancements, events of default, payment of principal and interest, sinking fund, redemption, debt reserve funds, priority, and rights of security holders to bring suit against the issuer or other obligated person; ``(x) a description of any project or enterprise of the issuer or other obligated person to be financed from the proceeds of the securities being offered, a description of the competitive environment for such project or enterprise, including any major changes in such competitive environment in the last 10 years, any engineering or financial feasibility reports or studies on the construction and operation of the project or enterprise, and a description of any additional financing required to complete the project or enterprise, including whether and when such additional financing has been, or will be, procured; ``(xi) a description of the intended use of the proceeds of the offering; ``(xii) a statement of counsel's opinion as to the legality, validity, and enforceability of the issuance of the securities to be offered; ``(xiii) a description of any material conflicts of interest of the issuer or other obligated person, and any other party involved in the offering; and ``(xiv) such other similar and specific information as the Commission may by rule or regulation require as necessary or appropriate in the public interest or for the protection of investors. ``(C) Preliminary form of certain information.--In the case of an official statement prepared for an issue of municipal securities before any sale of such issue, the information specified in clauses (viii) and (ix) of subparagraph (B) may be set forth in preliminary form. ``(3) Form of information and accounting methods.--The Commission may-- ``(A) prescribe, for reports and official statements prepared pursuant to this subsection, the form in which the required information, including financial statements, shall be set forth, and the accounting methods to be followed in the preparation of financial statements; or ``(B) recognize forms for such information and accounting methods for such financial statements that are established by a standard setting body recognized by the Commission. ``(4) Internal controls and systems for large issuers.-- ``(A) In general.--Any issuer of, or other obligated person with respect to, municipal securities with outstanding municipal securities the aggregate principal amount of which exceeds $10,000,000 shall adopt internal controls and systems, including written policies and procedures that, at a minimum-- ``(i) clearly identify the officials responsible for each aspect of disclosure described in paragraph (2)(B); ``(ii) clearly state the process by which official statements described by paragraph (2)(A) are drafted and reviewed; and ``(iii) provide checks and balances to ensure adequate supervision and reasonable disbursement of responsibilities. ``(B) Statewide systems.--The Commission may provide by rule that the provisions of this paragraph may be satisfied with respect to an issuer or other obligated person within a State by a statewide system of disclosure controls and disclosure education for such State.''. (b) Safe Harbor for Forward-Looking Statements.--Section 21E(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-5(a)) is amended-- (1) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; (2) by inserting after paragraph (1) the following: ``(2) an issuer or other obligated person that is subject to and in compliance with the requirements of section 15B(f);''; (3) in paragraph (3), as so redesignated, by striking ``such issuer'' and inserting ``an issuer or other obligated person described in paragraph (1) or (2)''; (4) in paragraph (4), as so redesignated, by striking ``such issuer making a statement on behalf of such issuer'' and inserting ``an issuer or other obligated person described in paragraph (1) or (2) making a statement on behalf of such issuer or other obligated person''; and (5) in paragraph (5), as so redesignated, by striking ``such issuer or information derived from information provided by such issuer'' and inserting ``an issuer or other obligated person described in paragraph (1) or (2) or information derived from information provided by such issuer or other obligated person''. (c) Conforming Amendments.-- (1) Definition of exempted security.--Section 3(a)(12)(B)(ii) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(12)(B)(ii)) is amended by striking ``sections 15 and 17A'' and inserting ``sections 15, 15B(f) and 17A''. (2) Authority to exempt issuers.--Section 12(h) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(h)) is amended by striking ``or 15(d)'' and inserting ``15(d), or 15B(f)''. SEC. 4. EFFECTIVE DATE. Each amendment made by this Act shall take effect on the date that the Securities and Exchange Commission-- (1) determines is appropriate in the public interest and for the protection of investors; and (2) notifies the Congress of such determination.

Municipal Securities Disclosure Act of 2016 This bill amends the Securities Act of 1933 to require registration with the Securities and Exchange Commission (SEC) of certain industrial development bonds that finance private projects through municipal securities. (Currently, the Securities Act exempts these private activity municipal bonds from SEC registration.) The bill amends the Securities Exchange Act of 1934 to require state and local government issuers of municipal securities, or obligated persons or borrowers with respect to these securities, to prepare annual periodic reports and disseminate financial disclosures that the SEC determines appropriate in the public interest and for the protection of investors. (Currently, SEC antifraud rules do not regulate municipal securities issuers directly but the rules prohibit securities dealers from underwriting the buying or selling of municipal securities unless they obtain the state or local government issuer's agreement to provide ongoing disclosures to the Municipal Securities Rulemaking Board. The bill makes state or local government issuers directly responsible for providing the municipal securities disclosures by placing them under the SEC's jurisdiction.) The SEC may prescribe the accounting methods to be followed in the preparation of the financial statements or require the use of accounting methods established by a standard-setting body. An issuer or borrower of outstanding municipal securities exceeding $10 million must adopt internal controls that identify the officials responsible for preparing the required disclosures and provide checks and balances for adequate supervision. The SEC may allow these requirements to be satisfied through a statewide system of disclosure controls and disclosure education.

Municipal Securities Disclosure Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Sector Research and Development Investment Act of 2001''. SEC. 2. PERMANENT EXTENSION OF RESEARCH CREDIT. (a) In General.--Section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended by striking subsection (h). (b) Conforming Amendment.--Section 45C(b)(1) of the Internal Revenue Code of 1986 is amended by striking subparagraph (D). (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. SEC. 3. IMPROVED ALTERNATIVE INCREMENTAL CREDIT. (a) In General.--Section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities), as amended by section 2, is amended by adding at the end the following new subsection: ``(h) Election of Alternative Incremental Credit.-- ``(1) In general.--At the election of the taxpayer, the credit under subsection (a)(1) shall be determined under this section by taking into account the modifications provided by this subsection. ``(2) Determination of base amount.-- ``(A) In general.--In computing the base amount under subsection (c)-- ``(i) notwithstanding subsection (c)(3), the fixed-base percentage shall be equal to 80 percent of the percentage which the aggregate qualified research expenses of the taxpayer for the base period is of the aggregate gross receipts of the taxpayer for the base period, and ``(ii) the minimum base amount under subsection (c)(2) shall not apply. ``(B) Start-up and small taxpayers.--In computing the base amount under subsection (c), the gross receipts of a taxpayer for any taxable year in the base period shall be treated as at least equal to $1,000,000. ``(C) Base period.--For purposes of this subsection, the base period is the 8-taxable year period preceding the taxable year (or, if shorter, the period the taxpayer (and any predecessor) has been in existence). ``(3) Election.--An election under this subsection shall apply to the taxable year for which made and all succeeding taxable years unless revoked with the consent of the Secretary.'' (b) Conforming Amendment.--Section 41(c) of the Internal Revenue Code of 1986 is amended by striking paragraph (4) and by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 4. MODIFICATIONS TO CREDIT FOR BASIC RESEARCH. (a) Elimination of Incremental Requirement.-- (1) In general.--Paragraph (1) of section 41(e) of the Internal Revenue Code of 1986 (relating to credit allowable with respect to certain payments to qualified organizations for basic research) is amended to read as follows: ``(1) In general.--The amount of basic research payments taken into account under subsection (a)(2) shall be determined in accordance with this subsection.'' (2) Conforming amendments.-- (A) Section 41(a)(2) of such Code is amended by striking ``determined under subsection (e)(1)(A)'' and inserting ``for the taxable year''. (B) Section 41(e) of such Code is amended by striking paragraphs (3), (4), and (5) and by redesignating paragraphs (6) and (7) as paragraphs (3) and (4), respectively. (C) Section 41(e)(4) of such Code, as redesignated by subparagraph (B), is amended by striking subparagraph (B) and by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively. (D) Clause (i) of section 170(e)(4)(B) of such Code is amended by striking ``section 41(e)(6)'' and inserting ``section 41(e)(3)''. (b) Basic Research.-- (1) Specific commercial objective.--Section 41(e)(4) of the Internal Revenue Code of 1986 (relating to definitions and special rules), as redesignated by subsection (a)(2)(B), is amended by adding at the end the following new subparagraph: ``(E) Specific commercial objective.--For purposes of subparagraph (A), research shall not be treated as having a specific commercial objective if the results of such research are to be published in a timely manner as to be available to the general public prior to their use for a commercial purpose.'' (2) Exclusions from basic research.--Clause (ii) of section 41(e)(4)(A) of such Code (relating to definitions and special rules), as redesignated by subsection (a), is amended to read as follows: ``(ii) basic research in the arts and humanities.'' (c) Expansion of Credit to Research Done at Federal Laboratories.-- Section 41(e)(3) of the Internal Revenue Code of 1986, as redesignated by subsection (a), is amended by adding at the end the following new subparagraph: ``(E) Federal laboratories.--Any organization which is a Federal laboratory (as defined in section 4(6) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703(6)).'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 5. CREDIT FOR EXPENSES ATTRIBUTABLE TO CERTAIN COLLABORATIVE RESEARCH CONSORTIA. (a) Credit for Expenses Attributable to Certain Collaborative Research Consortia.--Subsection (a) of section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended by striking ``and'' at the end of paragraph (1), striking the period at the end of paragraph (2) and inserting ``, and '', and by adding at the end the following new paragraph: ``(3) 20 percent of the amounts paid or incurred by the taxpayer in carrying on any trade or business of the taxpayer during the taxable year (including as contributions) to a qualified research consortium.'' (b) Qualified Research Consortium Defined.--Subsection (f) of section 41 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Qualified research consortium.--The term `qualified research consortium' means any organization-- ``(A) which is-- ``(i) described in section 501(c)(3) and is exempt from tax under section 501(a) and is organized and operated primarily to conduct scientific or engineering research, or ``(ii) organized and operated primarily to conduct scientific or engineering research in the public interest (within the meaning of section 501(c)(3)), ``(B) which is not a private foundation, ``(C) to which at least 5 unrelated persons paid or incurred during the calendar year in which the taxable year of the organization begins amounts (including as contributions) to such organization for scientific or engineering research, and ``(D) to which no single person paid or incurred (including as contributions) during such calendar year an amount equal to more than 50 percent of the total amounts received by such organization during such calendar year for scientific or engineering research. All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as related persons for purposes of subparagraph (C) and as a single person for purposes of subparagraph (D).'' (c) Conforming Amendment.--Paragraph (3) of section 41(b) of the Internal Revenue Code of 1986 is amended by striking subparagraph (C). (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 6. IMPROVEMENT TO CREDIT FOR SMALL BUSINESSES AND RESEARCH PARTNERSHIPS. (a) Assistance to Small and Start-Up Businesses.--The Secretary of the Treasury or the Secretary's delegate shall take such actions as are appropriate to-- (1) provide assistance to small and start-up businesses in complying with the requirements of section 41 of the Internal Revenue Code of 1986, and (2) reduce the costs of such compliance. (b) Repeal of Limitation on Contract Research Expenses Paid to Small Businesses, Universities, and Federal Laboratories.--Section 41(b)(3) of the Internal Revenue Code of 1986, as amended by section 5(c), is amended by adding at the end the following new subparagraph: ``(C) Amounts paid to eligible small businesses, universities, and federal laboratories.-- ``(i) In general.--In the case of amounts paid by the taxpayer to an eligible small business, an institution of higher education (as defined in section 3304(f)), or an organization which is a Federal laboratory (as defined in subsection (e)(3)(E)), subparagraph (A) shall be applied by substituting `100 percent' for `65 percent'. ``(ii) Eligible small business.--For purposes of this subparagraph, the term `eligible small business' means a small business with respect to which the taxpayer does not own (within the meaning of section 318) 50 percent or more of-- ``(I) in the case of a corporation, the outstanding stock of the corporation (either by vote or value), and ``(II) in the case of a small business which is not a corporation, the capital and profits interests of the small business. ``(iii) Small business.--For purposes of this subparagraph-- ``(I) In general.--The term `small business' means, with respect to any calendar year, any person if the annual average number of employees employed by such person during either of the 2 preceding calendar years was 500 or fewer. For purposes of the preceding sentence, a preceding calendar year may be taken into account only if the person was in existence throughout the year. ``(II) Startups, controlled groups, and predecessors.--Rules similar to the rules of subparagraphs (B) and (D) of section 220(c)(4) shall apply for purposes of this clause.'' (c) Credit For Patent Filing Fees.--Section 41(a) of the Internal Revenue Code of 1986, as amended by section 5(a), is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end the following new paragraph: ``(4) 20 percent of the patent filing fees paid or incurred by a small business (as defined in subsection (b)(3)(C)(iii)) to the United States or to any foreign government in carrying on any trade or business.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000.

Private Sector Research and Development Investment Act of 2001 - Amends the Internal Revenue Code to permanently extend and modify the research credit. Directs the Secretary of the Treasury to assist small and start-up businesses in complying with the requirements of such credit.

To amend the Internal Revenue Code of 1986 to establish a permanent tax incentive for research and development, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Critical Electric Infrastructure Protection Act''. SEC. 2. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY. (a) Critical Electric Infrastructure Security.--Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding after section 215 the following new section: ``SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY. ``(a) Definitions.--For purposes of this section: ``(1) Bulk-power system; electric reliability organization; regional entity.--The terms `bulk-power system', `Electric Reliability Organization', and `regional entity' have the meanings given such terms in paragraphs (1), (2), and (7) of section 215(a), respectively. ``(2) Critical electric infrastructure.--The term `critical electric infrastructure' means a system or asset, whether physical or virtual, used for the generation, transmission, or distribution of electric energy affecting interstate commerce, the incapacity or destruction of which would negatively affect national security, economic security, public health or safety, or any combination of such matters. ``(3) Critical electric infrastructure information.--The term `critical electric infrastructure information' means information related to critical electric infrastructure, or proposed critical electrical infrastructure, generated by or provided to the Commission, other than classified national security information, that is designated as critical electric infrastructure information by the Commission under subsection (d)(2). ``(4) Defense critical electric infrastructure.--The term `defense critical electric infrastructure' means any infrastructure located in the United States (including the territories) used for the generation, transmission, or distribution of electric energy that-- ``(A) is not part of the bulk-power system; and ``(B) serves a facility designated by the Secretary pursuant to subsection (c), but is not owned or operated by the owner or operator of such facility. ``(5) Electromagnetic pulse.--The term `electromagnetic pulse' means 1 or more pulses of electromagnetic energy emitted by a device capable of disabling or disrupting operation of, or destroying, electronic devices or communications networks, including hardware, software, and data, by means of such a pulse. ``(6) Geomagnetic storm.--The term `geomagnetic storm' means a temporary disturbance of the Earth's magnetic field resulting from solar activity. ``(7) Grid security emergency.--The term `grid security emergency' means the imminent danger of-- ``(A)(i) a malicious act using electronic communication or an electromagnetic pulse, or a geomagnetic storm event, that could disrupt the operation of those electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of the bulk-power system or of defense critical electric infrastructure; and ``(ii) disruption of the operation of such devices or networks, with significant adverse effects on the reliability of the bulk-power system or of defense critical electric infrastructure, as a result of such act or event; or ``(B)(i) a direct physical attack on the bulk-power system or on defense critical electric infrastructure; and ``(ii) significant adverse effects on the reliability of the bulk-power system or of defense critical electric infrastructure as a result of such physical attack. ``(8) Secretary.--The term `Secretary' means the Secretary of Energy. ``(b) Authority To Address Grid Security Emergency.-- ``(1) Authority.--Whenever the President issues and provides to the Secretary a written directive or determination identifying a grid security emergency, the Secretary may, with or without notice, hearing, or report, issue such orders for emergency measures as are necessary in the judgment of the Secretary to protect the reliability of the bulk-power system or of defense critical electric infrastructure during such emergency. As soon as practicable but not later than 180 days after the date of enactment of this section, the Secretary shall, after notice and opportunity for comment, establish rules of procedure that ensure that such authority can be exercised expeditiously. ``(2) Notification of congress.--Whenever the President issues and provides to the Secretary a written directive or determination under paragraph (1), the President shall promptly notify congressional committees of relevant jurisdiction, including the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, of the contents of, and justification for, such directive or determination. ``(3) Consultation.--Before issuing an order for emergency measures under paragraph (1), the Secretary shall, to the extent practicable in light of the nature of the grid security emergency and the urgency of the need for action, consult with appropriate governmental authorities in Canada and Mexico, entities described in paragraph (4), the Commission, and other appropriate Federal agencies regarding implementation of such emergency measures. ``(4) Application.--An order for emergency measures under this subsection may apply to-- ``(A) the Electric Reliability Organization; ``(B) a regional entity; or ``(C) any owner, user, or operator of the bulk- power system or of defense critical electric infrastructure within the United States. ``(5) Expiration and reissuance.-- ``(A) In general.--Except as provided in subparagraph (B), an order for emergency measures issued under paragraph (1) shall expire no later than 30 days after its issuance. ``(B) Extensions.--The Secretary may reissue an order for emergency measures issued under paragraph (1) for subsequent periods, not to exceed 30 days for each such period, provided that the President, for each such period, issues and provides to the Secretary a written directive or determination that the grid security emergency identified under paragraph (1) continues to exist or that the emergency measure continues to be required. ``(6) Cost recovery.-- ``(A) Bulk-power system.--If the Commission determines that owners, operators, or users of the bulk-power system have incurred substantial costs to comply with an order for emergency measures issued under this subsection and that such costs were prudently incurred and cannot reasonably be recovered through regulated rates or market prices for the electric energy or services sold by such owners, operators, or users, the Commission shall, after notice and an opportunity for comment, establish a mechanism that permits such owners, operators, or users to recover such costs. ``(B) Defense critical electric infrastructure.--To the extent the owner or operator of defense critical electric infrastructure is required to take emergency measures pursuant to an order issued under this subsection, the owners or operators of a facility or facilities designated by the Secretary pursuant to subsection (c) that rely upon such infrastructure shall bear the full incremental costs of the measures. ``(7) Temporary access to classified information.--The Secretary, and other appropriate Federal agencies, shall, to the extent practicable and consistent with their obligations to protect classified information, provide temporary access to classified information related to a grid security emergency for which emergency measures are issued under paragraph (1) to key personnel of any entity subject to such emergency measures to enable optimum communication between the entity and the Secretary and other appropriate Federal agencies regarding the grid security emergency. ``(c) Designation of Critical Defense Facilities.--Not later than 180 days after the date of enactment of this section, the Secretary, in consultation with other appropriate Federal agencies and appropriate owners, users, or operators of infrastructure that may be defense critical electric infrastructure, shall identify and designate facilities located in the United States (including the territories) that are-- ``(1) critical to the defense of the United States; and ``(2) vulnerable to a disruption of the supply of electric energy provided to such facility by an external provider. The Secretary may, in consultation with appropriate Federal agencies and appropriate owners, users, or operators of defense critical electric infrastructure, periodically revise the list of designated facilities as necessary. ``(d) Protection and Sharing of Critical Electric Infrastructure Information.-- ``(1) Protection of critical electric infrastructure information.--Critical electric infrastructure information-- ``(A) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and ``(B) shall not be made available by any State, local, or tribal authority pursuant to any State, local, or tribal law requiring disclosure of information or records. ``(2) Designation and sharing of critical electric infrastructure information.--The Commission shall promulgate such regulations and issue such orders as necessary to-- ``(A) designate information as critical electric infrastructure information; ``(B) prohibit the unauthorized disclosure of critical electric infrastructure information; ``(C) ensure there are appropriate sanctions in place for commissioners, officers, employees, or agents of the Commission who knowingly and willfully disclose critical electric infrastructure information in a manner that is not authorized under this section; and ``(D) provide standards for and authorize the appropriate voluntary sharing of critical electric infrastructure information with, between, and by-- ``(i) Federal, State, local, and tribal authorities; ``(ii) the Electric Reliability Organization; ``(iii) regional entities; ``(iv) Information Sharing and Analysis Centers established pursuant to Presidential Decision Directive 63; ``(v) owners, operators, and users of the bulk-power system in the United States; and ``(vi) other entities determined appropriate by the Commission. ``(3) Considerations.--In promulgating regulations and issuing orders under paragraph (2), the Commission shall take into consideration the role of State commissions in reviewing the prudence and cost of investments, determining the rates and terms of conditions for electric services, and ensuring the safety and reliability of the bulk-power system and distribution facilities within their respective jurisdictions. ``(4) Protocols.--The Commission shall, in consultation with Canadian and Mexican authorities, develop protocols for the voluntary sharing of critical electric infrastructure information with, between, and by Canadian and Mexican authorities and owners, operators, and users of the bulk-power system outside the United States. ``(5) No required sharing of information.--Nothing in this section shall require a person or entity in possession of critical electric infrastructure information to share such information with Federal, State, local, or tribal authorities, or any other person or entity. ``(6) Disclosure of non-critical electric infrastructure information.--In implementing this section, the Commission shall segregate critical electric infrastructure information within documents and electronic communications, wherever feasible, to facilitate disclosure of information that is not designated as critical electric infrastructure information. ``(e) Security Clearances.--The Secretary shall facilitate and, to the extent practicable, expedite the acquisition of adequate security clearances by key personnel of any entity subject to the requirements of this section, to enable optimum communication with Federal agencies regarding threats to the security of the critical electric infrastructure. The Secretary, the Commission, and other appropriate Federal agencies shall, to the extent practicable and consistent with their obligations to protect classified and critical electric infrastructure information, share timely actionable information regarding grid security with appropriate key personnel of owners, operators, and users of the critical electric infrastructure. ``(f) Clarifications of Liability.-- ``(1) Compliance with or violation of this act.--Except as provided in paragraph (4), to the extent any action or omission taken by an entity that is necessary to comply with an order for emergency measures issued under subsection (b)(1), including any action or omission taken to voluntarily comply with such order, results in noncompliance with, or causes such entity not to comply with any rule, order, regulation, or provision of this Act, including any reliability standard approved by the Commission pursuant to section 215, such action or omission shall not be considered a violation of such rule, order, regulation, or provision. ``(2) Relation to section 202(c).--Except as provided in paragraph (4), an action or omission taken by an owner, operator, or user of the bulk-power system or of defense critical electric infrastructure to comply with an order for emergency measures issued under subsection (b)(1) shall be treated as an action or omission taken to comply with an order issued under section 202(c) for purposes of such section. ``(3) Sharing or receipt of information.--No cause of action shall lie or be maintained in any Federal or State court for the sharing or receipt of information under, and that is conducted in accordance with, subsection (d). ``(4) Rule of construction.--Nothing in this subsection shall be construed to require dismissal of a cause of action against an entity that, in the course of complying with an order for emergency measures issued under subsection (b)(1) by taking an action or omission for which they would be liable but for paragraph (1) or (2), takes such action or omission in a grossly negligent manner.''. (b) Conforming Amendments.-- (1) Jurisdiction.--Section 201(b)(2) of the Federal Power Act (16 U.S.C. 824(b)(2)) is amended by inserting ``215A,'' after ``215,'' each place it appears. (2) Public utility.--Section 201(e) of the Federal Power Act (16 U.S.C. 824(e)) is amended by inserting ``215A,'' after ``215,''.

Critical Electric Infrastructure Protection Act Amends the Federal Power Act to authorize the Department of Energy (DOE), with or without notice, hearing, or report, to issue orders for emergency measures to protect the reliability of either the bulk-power system or the defense critical electric infrastructure whenever the President issues a written directive or determination identifying an imminent grid security emergency. Requires the President to notify specified congressional committees promptly whenever the President issues such a directive. Instructs DOE, before issuing an order for such emergency measures, to the extent practicable in light of the nature of the grid security emergency and the urgency of the need for action, to consult with governmental authorities in Canada and Mexico, regarding implementation of the emergency measures. Prescribes: (1) implementation procedures (including expiration and reissuance of emergency orders); and (2) related cost recovery measures affecting owners, operators, or users of the bulk-power system. Requires DOE, to the extent practicable and consistent with obligations to protect classified information, to provide temporary access to classified information relating to a grid security emergency to key personnel of relevant entities in order to optimize communications between them and federal agencies. Requires DOE to identify facilities in the U.S. and its territories that are: (1) critical to the defense of the United States, and (2) vulnerable to a disruption of the supply of electric energy provided by an external provider. Exempts critical electric infrastructure information from mandatory disclosure under the Freedom of Information Act. Directs the Federal Energy Regulatory Commission to: (1) designate critical electric infrastructure information, and (2) prescribe regulations and orders prohibiting its unauthorized disclosure but also authorizing appropriate voluntary sharing with federal, state, local, and tribal authorities. Shields a person or entity in possession of critical electric infrastructure information from any cause of action for sharing or receiving information that was done in accordance with this Act.

Critical Electric Infrastructure Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Monetary Fund Reform Act of 1998''. SEC. 2. DEFINITION. For purposes of this Act, the term ``appropriate congressional committees'' means the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on International Relations and the Committee on Banking and Financial Services of the House of Representatives. TITLE I--INTERNATIONAL MONETARY FUND SEC. 101. PARTICIPATION IN QUOTA INCREASE. The Bretton Woods Agreements Act (22 U.S.C. 286-286mm) is amended by adding at the end the following: ``SEC. 61. QUOTA INCREASE. ``(a) In General.--The United States Governor of the Fund may consent to an increase in the quota of the United States in the Fund equivalent to 10,622,500,000 Special Drawing Rights. ``(b) Subject to Appropriations.--The authority provided by subsection (a) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.''. SEC. 102. CONDITIONS FOR RELEASE OF FUNDS. (a) Limitations on Funding.--Notwithstanding any other provision of law, any funds appropriated or otherwise made available for an increase in the quota of the United States in the International Monetary Fund pursuant to this title shall not be available for such increase until the Secretary of the Treasury makes the certifications described in subsection (b) and (c) to the appropriate congressional committees. (b) Certification Regarding Transparency.--The certification described in this subsection means a certification by the Secretary of the Treasury to the appropriate congressional committees that the United States is taking all necessary and appropriate steps to-- (1) ensure that the internal processes of the IMF become open and transparent; (2) strengthen the ability of all countries, Congress, and the public to obtain timely and accurate information about the decision making process and other internal processes of the IMF; (3) obtain routine release to the public of IMF documents, including official working papers, past evaluations, all Letters of Intent, and Policy Framework Papers; (4) provide for greater accessibility, for both policymakers and members of the public, of the IMF and its staff; and (5) obtain timely and complete publication of the Article IV consultations conducted by the IMF for each member country. (c) Certification Regarding Future Lending Standards.--The certification described in this subsection means a certification by the Secretary of the Treasury to the appropriate congressional committees that the International Monetary Fund routinely seeks, as a standard condition for lending and other uses of the Fund's resources, that borrower countries be required to-- (1) comply with the borrower country's international trading obligations including, if applicable, with the standards of the World Trade Organization; (2) comply with appropriate international banking and financial standards and not engage in the pattern or practice of improper government-directed lending to favored industries, enterprises, parties, or institutions; and (3) have or be developing bankruptcy laws and procedures to provide for liquidation and restructuring of businesses, and make progress toward assuring nondiscriminatory treatment of domestic and foreign creditors, debtors, and other concerned persons. (d) Report.--Not later than October 1, 1998, and not later than March 1 of each year thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees a report describing the steps taken by the United States to achieve the objectives set forth in subsection (b) and progress made toward achieving such objectives. TITLE II--NEW ARRANGEMENTS TO BORROW SEC. 201. NEW ARRANGEMENTS TO BORROW. Section 17 of the Bretton Woods Agreements Act (22 U.S.C. 286e-2 et seq.) is amended-- (1) in subsection (a)-- (A) by striking ``and February 24, 1983'' and inserting ``February 24, 1983, and January 27, 1997''; and (B) by striking ``4,250,000,000'' and inserting ``6,712,000,000''; (2) in subsection (b), by striking ``4,250,000,000'' and inserting ``6,712,000,000''; and (3) in subsection (d)-- (A) by inserting ``or the Decision of January 27, 1997,'' after ``February 24, 1983,''; and (B) by inserting ``or the New Arrangements to Borrow, as applicable'' before the period at the end.

TABLE OF CONTENTS: Title I: International Monetary Fund Title II: New Arrangements to Borrow International Monetary Fund Reform Act of 1998 - Title I: International Monetary Fund - Amends the Bretton Woods Agreement Act to authorize the U.S. Governor of the International Monetary Fund (IMF) to consent, subject to appropriations, to a specified increase in the U.S. IMF quota of Special Drawing Rights. Makes funds available for such increase only if the Secretary of the Treasury makes certain certifications to the appropriate congressional committees regarding transparency of internal IMF procedures and specified standards for future IMF lending to borrower countries. Title II: New Arrangements to Borrow - Sets forth conforming amendments for Federal participation in new arrangements to borrow.

International Monetary Fund Reform Act of 1998

SECTION 1. GRANTS TO IMPROVE THE COMMERCIAL VALUE OF FOREST BIOMASS FOR ELECTRIC ENERGY, USEFUL HEAT, TRANSPORTATION FUELS, PETROLEUM-BASED PRODUCT SUBSTITUTES, AND OTHER COMMERCIAL PURPOSES. (a) Findings.--Congress finds the following: (1) Thousands of communities in the United States, many located near Federal lands, are at risk to wildfire. Approximately 190,000,000 acres of land managed by the Secretary of Agriculture and the Secretary of the Interior are at risk of catastrophic fire in the near future. The accumulation of heavy forest fuel loads continues to increase as a result of disease, insect infestations, and drought, further raising the risk of fire each year. (2) In addition, more than 70,000,000 acres across all land ownerships are at risk to higher than normal mortality over the next 15 years from insect infestation and disease. High levels of tree mortality from insects and disease result in increased fire risk, loss of old growth, degraded watershed conditions, and changes in species diversity and productivity, as well as diminished fish and wildlife habitat and decreased timber values. (3) Preventive treatments such as removing fuel loading, ladder fuels, and hazard trees, planting proper species mix and restoring and protecting early successional habitat, and other specific restoration treatments designed to reduce the susceptibility of forest land, woodland, and rangeland to insect outbreaks, disease, and catastrophic fire present the greatest opportunity for long-term forest health by creating a mosaic of species-mix and age distribution. Such prevention treatments are widely acknowledged to be more successful and cost effective than suppression treatments in the case of insects, disease, and fire. (4) The by-products of preventive treatment (wood, brush, thinnings, chips, slash, and other hazardous fuels) removed from forest lands, woodlands and rangelands represent an abundant supply of biomass for biomass-to-energy facilities and raw material for business. There are currently few markets for the extraordinary volumes of by-products being generated as a result of the necessary large-scale preventive treatment activities. (5) The United States should-- (A) promote economic and entrepreneurial opportunities in using by-products removed through preventive treatment activities related to hazardous fuels reduction, disease, and insect infestation; and (B) develop and expand markets for traditionally underused wood and biomass as an outlet for by-products of preventive treatment activities. (b) Definitions.--In this section: (1) Biomass.--The term ``biomass'' means trees and woody plants, including limbs, tops, needles, and other woody parts, and by-products of preventive treatment, such as wood, brush, thinnings, chips, and slash, that are removed-- (A) to reduce hazardous fuels; or (B) to reduce the risk of or to contain disease or insect infestation. (2) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(e)). (3) Person.--The term ``person'' includes-- (A) an individual; (B) a community (as determined by the Secretary concerned); (C) an Indian tribe; (D) a small business, micro-business, or a corporation that is incorporated in the United States; and (E) a nonprofit organization. (4) Preferred community.--The term ``preferred community'' means-- (A) any town, township, municipality, or other similar unit of local government (as determined by the Secretary concerned) that-- (i) has a population of not more than 50,000 individuals; and (ii) the Secretary concerned, in the sole discretion of the Secretary concerned, determines contains or is located near land, the condition of which is at significant risk of catastrophic wildfire, disease, or insect infestation or which suffers from disease or insect infestation; or (B) any county that-- (i) is not contained within a metropolitan statistical area; and (ii) the Secretary concerned, in the sole discretion of the Secretary concerned, determines contains or is located near land, the condition of which is at significant risk of catastrophic wildfire, disease, or insect infestation or which suffers from disease or insect infestation. (5) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Agriculture with respect to National Forest System lands; and (B) the Secretary of the Interior with respect to Federal lands under the jurisdiction of the Secretary of the Interior and Indian lands. (c) Biomass Commercial Use Grant Program.-- (1) In general.--The Secretary concerned may make grants to any person that owns or operates a facility that uses biomass as a raw material to produce electric energy, sensible heat, transportation fuels, or substitutes for petroleum-based products to offset the costs incurred to purchase biomass for use by such facility. (2) Grant amounts.--A grant under this subsection may not exceed $20 per green ton of biomass delivered. (3) Monitoring of grant recipient activities.--As a condition of a grant under this subsection, the grant recipient shall keep such records as the Secretary concerned may require to fully and correctly disclose the use of the grant funds and all transactions involved in the purchase of biomass. Upon notice by a representative of the Secretary concerned, the grant recipient shall afford the representative reasonable access to the facility that purchases or uses biomass and an opportunity to examine the inventory and records of the facility. (d) Improved Biomass Use Grant Program.-- (1) In general.--The Secretary concerned may make grants to persons to offset the cost of projects to develop or research opportunities to improve the use of, or add value to, biomass. In making such grants, the Secretary concerned shall give preference to persons in preferred communities. (2) Selection.--The Secretary concerned shall select a grant recipient under paragraph (1) after giving consideration to the anticipated public benefits of the project, including the potential to develop thermal or electric energy resources or affordable energy, opportunities for the creation or expansion of small businesses and micro-businesses, and the potential for new job creation. (3) Grant amount.--A grant under this subsection may not exceed $100,000. (e) Authorization of Appropriations.--There is authorized to be appropriated $50,000,000 for each of the fiscal years 2004 through 2014 to carry out this section. (f) Report.--Not later than October 1, 2010, the Secretary of Agriculture, in consultation with the Secretary of the Interior, shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Resources and the Committee on Agriculture of the House of Representatives a report describing the results of the grant programs authorized by this section. The report shall include the following: (1) An identification of the size, type, and the use of biomass by persons that receive grants under this section. (2) The distance between the land from which the biomass was removed and the facility that used the biomass. (3) The economic impacts, particularly new job creation, resulting from the grants to and operation of the eligible operations.

Authorizes the Secretary of Agriculture and the Secretary of the Interior to make grants: (1) to improve the commercial value of forest biomass to produce electric energy, sensible heat, transportation fuels, or substitutes for petroleum-based products; and (2) to develop or research opportunities to improve the use of, or add value to, biomass, with preference given to preferred communities (as defined by this Act).

To authorize the Secretary of the Interior and the Secretary of Agriculture to make grants to improve the commercial value of forest biomass for electric energy, useful heat, transportation fuels, petroleum-based product substitutes, and other commercial purposes.

SECTION 1. PRIZE AWARDS. (a) In General.--The Director of the National Science Foundation shall carry out a pilot program to award innovation inducement cash prizes in any area of research supported by the Foundation. The Director may carry out a program of cash prizes only in conformity with this section. (b) Topics.--In identifying topics for prize competitions under this section, the Director shall-- (1) consult widely both within and outside the Federal Government; (2) give priority to high-risk, high-reward research challenges and to problems whose solution could improve the economic competitiveness of the United States; and (3) give consideration to the extent to which the topics have the potential to raise public awareness about federally sponsored research. (c) Types of Contests.--The Director shall consider all categories of innovation inducement prizes, including-- (1) contests in which the award is to the first team or individual who accomplishes a stated objective; and (2) contests in which the winner is the team or individual who comes closest to achieving an objective within a specified time. (d) Advertising and Announcement.-- (1) Advertising and solicitation of competitors.--The Director shall widely advertise prize competitions to encourage broad participation, including by individuals, institutions of higher education, nonprofit organizations, and businesses. (2) Announcement through federal register notice.--The Director shall announce each prize competition by publishing a notice in the Federal Register. This notice shall include the subject of the competition, the duration of the competition, the eligibility requirements for participation in the competition, the process for participants to register for the competition, the amount of the prize, and the criteria for awarding the prize, including the method by which the prize winner or winners will be selected. (3) Time to announcement.--The Director shall announce a prize competition within 18 months after receipt of appropriated funds. (e) Funding.-- (1) Funding sources.--Prizes under this Act shall consist of Federal appropriated funds and any funds raised pursuant to donations authorized under section 11(f) of the National Science Foundation Act of 1950 (42 U.S.C. 1870(f)) for specific prize competitions. (2) Announcement of prizes.--The Director may not issue a notice as required by subsection (d)(2) until all of the funds needed to pay out the announced amount of the prize have been appropriated or committed in writing by another entity pursuant to paragraph (1). (f) Eligibility.--To be eligible to win a prize under this section, an individual or entity-- (1) shall have complied with all of the requirements under this section; (2) in the case of a private entity, shall be incorporated in and maintain a primary place of business in the United States, and in the case of an individual, whether participating singly or in a group, shall be a United States citizen or national, or an alien lawfully admitted to the United States for permanent residence; and (3) shall not be a Federal entity, a Federal employee acting within the scope of his or her employment, or a person employed at a Federal laboratory acting within the scope of his or her employment. (g) Awards.-- (1) Number of competitions.--The Director may announce up to 5 prize competitions through the end of fiscal year 2013. (2) Size of award.--The Director may determine the amount of each prize award based on the prize topic, but no award shall be less than $1,000,000 or greater than $3,000,000. (3) Selecting winners.--The Director may convene an expert panel to select a winner of a prize competition. If the panel is unable to select a winner, the Director shall determine the winner of the prize. (4) Public outreach.--The Director shall publicly award prizes utilizing the Foundation's existing public affairs and public outreach resources. (h) Administering the Competition.--The Director may enter into an agreement with a private, nonprofit entity to administer the prize competition, subject to the provisions of this section. (i) Intellectual Property.--The Federal Government shall not, by virtue of offering or awarding a prize under this section, be entitled to any intellectual property rights derived as a consequence of, or in direct relation to, the participation by a registered participant in a competition authorized by this section. This subsection shall not be construed to prevent the Federal Government from negotiating a license for the use of intellectual property developed for a prize competition under this section. (j) Liability.--The Director may require a registered participant in a prize competition under this section to waive liability against the Federal Government for injuries and damages that result from participation in such competition. (k) Nonsubstitution.--Any programs created under this section shall not be considered a substitute for Federal research and development programs. (l) Reporting Requirement.--Not later than 5 years after the date of enactment of this Act, the National Science Board shall transmit to Congress a report containing the results of a review and assessment of the pilot program under this section, including-- (1) a description of the nature and status of all completed or ongoing prize competitions carried out under this section, including any scientific achievements, publications, intellectual property, or commercialized technology that resulted from such competitions; (2) any recommendations regarding changes to, the termination of, or continuation of the pilot program; (3) an analysis of whether the program is attracting contestants more diverse than the Foundation's traditional academic constituency; (4) an analysis of whether public awareness of innovation or of the goal of the particular prize or prizes is enhanced; (5) an analysis of whether the Foundation's public image or ability to increase public scientific literacy is enhanced through the use of innovation inducement prizes; and (6) an analysis of the extent to which private funds are being used to support registered participants. (m) Early Termination of Contests.--The Director shall terminate a prize contest before any registered participant wins if the Director determines that an unregistered entity has produced an innovation that would otherwise have qualified for the prize award. (n) Authorization of Appropriations.-- (1) In general.-- (A) Awards.--There are authorized to be appropriated to the Director for the period encompassing fiscal years 2011 through 2013 $12,000,000 for carrying out this section. (B) Administration.--Of the amounts authorized in subparagraph (A), not more than 15 percent for each fiscal year shall be available for the administrative costs of carrying out this section. (2) Carryover of funds.--Funds appropriated for prize awards under this section shall remain available until expended, and may be transferred, reprogrammed, or expended for other purposes as authorized by law only after the expiration of 7 fiscal years after the fiscal year for which the funds were originally appropriated. No provision in this section permits obligation or payment of funds in violation of section 1341 of title 31 of the United States Code (commonly referred to as the Anti-Deficiency Act).

Requires the Director of the National Science Foundation (NSF) to carry out a pilot program for awarding innovation inducement cash prizes in any area of research supported by NSF. Instructs the Director, in identifying topics for prize competitions to be held under such program, to: (1) consult widely within and outside of the federal government; (2) give priority to high-risk, high-reward research challenges and to problems whose solution could improve the economic competitiveness of the United States; and (3) give consideration to the extent to which the topics have the potential to raise public awareness about federally sponsored research. Sets forth provisions with regard to the types of contests, advertising and announcements, funding, and eligibility for prizes competitions under this Act. Authorizes the Director to: (1) announce up to five prize competitions through FY2013; (2) set the amount of each prize award based on the prize topic; and (3) convene an expert panel to select the winners of prize competitions. Allows the Director to enter into an agreement with a private, nonprofit entity to administer a prize competition.

To authorize the National Science Foundation to carry out a pilot program to award innovation inducement cash prizes in areas of research funded by the National Science Foundation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hanford Reach National Salmon Preserve and Recreational Area Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The 51-mile stretch of the Columbia River, known as the ``Hanford Reach'', provides 80 percent of the fall Chinook salmon in the river system, critical habitat for wildlife, a high-quality waterfowl sanctuary, as well as numerous scenic, historic, and recreational opportunities for the public. (2) In 1996 Congress, through Public Law 104-333, prohibited damming, dredging, channeling, or other such activities along the Hanford Reach in order to help preserve and protect the unique environmental benefits of the region. (3) The lands surrounding the Hanford Reach area of the Columbia River, Washington, should be properly managed in order to protect plant, fish, wildlife, cultural, recreational, and scenic resources, while preserving access to these lands. (4) Recognizing the unique and pristine values of the area, local citizens in cooperation with Federal and State authorities have developed a comprehensive protection plan which has enhanced salmon habitat along the Hanford Reach. This plan, known as the Vernita Bar Agreement, has preserved the free flowing, riparian character of the Hanford Reach, and serves as a blueprint for further successful management along the Columbia River. (5) Although dozens of local, State, and Federal environmental protection and management laws and regulations exist for the Hanford Reach, management efforts can be better integrated and can lead to more efficient use of public resources and improved habitat and recreation management. (6) Inasmuch as Federal financial resources are constrained, joint partnerships among Federal, State, and local entities can provide long-term habitat and wildlife management, maintain recreational opportunities, and develop a responsible and environmentally sound management plan for the Hanford Reach. (7) The people and the governments of Benton, Franklin, and Grant Counties desire to enter into such a partnership with the State of Washington and the United States to ensure the continued protection of plant, fish, wildlife, cultural, recreational, and scenic resources on the lands surrounding the Hanford Reach. (8) Such a cooperative partnership will provide a forum for public input from the entire region and ensure the long-term protection of the river as wild, scenic, and accessible. (9) Congress recommends the formation of a commission, with Federal, State and local members, to manage the Reach in accordance with the above goals. (10) The commission will be structured to ensure that each entity will have equal standing to make or reject management decisions. SEC. 3. PURPOSE. The purpose of this Act is to protect and enhance the plant resources, fish and wildlife resources, cultural resources, recreational access and other uses of the Hanford Reach through a joint partnership with Federal, State and local governments. SEC. 4. DEFINITIONS. For purposes of this Act: (1) Commission.--The term ``Commission'' means the Hanford Reach Protection and Management Commission. (2) Hanford reach.--The term ``Hanford Reach'' refers to the portion of the Columbia River from river mile 353 to river mile 392. (3) Hanford site.--The term ``Hanford Site'' means the property represented as ``Department of Energy'' under the Land Status Legend on the Bureau of Land Management topographic map of Priest Rapids, Washington, Edition-1991. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 5. GENERAL AUTHORITY; PROPERTY DESCRIPTIONS. (a) Authority.--As soon as practicable after the date of the enactment of this Act, the Secretary for no consideration shall convey to the governmental entities referred to in subsection (c) all right, title, and interest of the United States in and to the properties described in subsection (c). (b) Environmental Safety.--The conveyance made under subsection (c) shall be made only after the Administrator of the Environmental Protection Agency certifies to the Secretary that-- (1) the properties described in section 5(c) are clean of hazardous, toxic, or radioactive materials or substances; (2) all corrective, remedial, or response actions have been completed; and (3) all obligations of the Secretary at the Hanford Site under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and other applicable laws have been fulfilled. (c) Conveyance to the State of Washington.--The Secretary shall convey to the State of Washington the property that consists of the portion of the Hanford Site that runs along both banks of the Columbia River and lies within the one quarter mile to the north of the mean high water mark on the north bank of the Columbia River, and that lies within the one quarter mile to the south of the mean high water mark on the south bank of the Columbia River. (d) Water Rights and Utility Easements.--The conveyances under subsection (c) shall be made subject to all existing water rights and all easements and rights of any public and private utility districts which operate and maintain transmission and generation facilities along the lands described under section 5. SEC. 6. DESIGNATION OF THE HANFORD REACH CORRIDOR. Upon passage of this Act, the lands conveyed under section 5(c) and the Columbia River corridor adjacent to such lands shall be referred to the ``Hanford Reach National Salmon Preserve and Recreational Area.'' SEC. 7. ESTABLISHMENT OF HANFORD REACH PROTECTION AND MANAGEMENT COMMISSION. Not later than 6 months after the conveyances under section 5(b)(1) are made, the Department of Energy and the State of Washington shall enter into a written joint agreement with the governments of Benton, Franklin, and Grant Counties to establish the Hanford Reach Protection and Management Commission as follows: (1) Membership appointment.--The Commission shall be composed of 9 members. As soon as practicable, but not more than 6 months after the date of the enactment of this Act, the members shall be appointed as follows: (A) Local panel.-- (i) One member who shall be a resident of Benton County, appointed by the government of such county. (ii) One member who shall be a resident of Franklin County, appointed by the government of such county. (iii) One member who shall be a resident of Grant County, appointed by the government of such county. (B) State panel.--Three members who shall each be residents of the State of Washington, appointed by the Governor of the State of Washington. (C) Federal panel.-- (i) One Member who shall be a resident of the State of Washington, appointed by the Secretary of Energy. (ii) One member who shall be a resident of the State of Washington, appointed by the Secretary of the Interior. (iii) One member who shall be a resident of the State of Washington, appointed by the Bureau of Indian Affairs. (2) Voting requirements.--Each issue before the Commission shall be deemed approved only if a majority of each panel has voiced approval. (3) Nonvoting members.--The Commission should seek the advice and technical expertise from state and Federal agencies, public utility districts, irrigators, academics, biologists, and others, on matters before the Commission. (4) Terms of office.--The length of the terms of office of the members appointed under paragraph (1) shall not exceed 4 years. Terms shall be staggered within each panel. (5) Vacancy.--Any vacancy that may occur prior to the expiration of a member's term shall be filled for the balance of such term by appointment made by the entity which appointed the vacating member. (6) Establishment of commission authority.--As soon as practicable after the appointment of a majority of the members of the Commission, such members shall be authorized to convene meetings of the Commission and to adopt rules and provisions governing the administration, voting, meeting, terms of service, and finances of the Commission. The first meeting shall be held no later than 1 year from the date of the establishment of the Commission. (7) Development of hanford reach protection and management plan.-- (A) The primary duty of the Commission shall be to develop and implement a plan to manage the lands conveyed pursuant to section 5(c) consistent with the purposes of this Act. (B) From the date the conveyances under section 5(c) are made until such time as a permanent protection and management plan is approved by the Commission, the lands conveyed pursuant to such section shall be managed under an interim management plan approved by the governments of Benton, Franklin, and Grant Counties, which shall be consistent with the purposes of this Act. (8) Use of federal resources authorized.--The Secretary of the Interior may enter into agreements with the State of Washington and the governments of Benton, Franklin, and Grant Counties to allow the utilization of personnel, and the provision of technical and financial assistance from the United States Fish and Wildlife Service to assist the county governments in the administration and management of the lands transferred under this Act.

Hanford Reach National Salmon Preserve and Recreational Area Act - Directs the Secretary of Energy to convey to the State of Washington a specified portion of the Hanford Site, an area of property along the Columbia River in Washington. Allows such conveyance only after the Administrator of the Environmental Protection Agency has made specified certifications to the Secretary with respect to the appropriate environmental cleanup of such area. Designates such lands and the Columbia River corridor adjacent to such lands as the Hanford Reach National Salmon Preserve and Recreational Area. Directs the Department of Energy and the State of Washington to enter into a joint agreement with Benton, Franklin, and Grant Counties to establish the Hanford Reach Protection and Management Commission, which shall develop and implement a plan to manage the lands conveyed by the Secretary in order to protect and enhance plant, fish and wildlife, and cultural resources, as well as recreational access to, and other uses of, Hanford Reach (a specified stretch of the Columbia River).

Hanford Reach National Salmon Preserve and Recreational Area Act

SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE. (a) Short Title.--This Act may be cited as the ``Veterans' Appeals Improvement Act of 1993''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SEC. 2. COMPOSITION OF THE BOARD OF VETERANS' APPEALS. (a) Board Members and Personnel.--Section 7101(a) is amended to read as follows: ``(a)(1) There is in the Department a Board of Veterans' Appeals (hereafter in this chapter referred to as the `Board'). The Board is under the administrative control and supervision of a Chairman directly responsible to the Secretary. ``(2) The members of the Board shall be the Chairman, a Vice Chairman, such number of Deputy Vice Chairmen as the Chairman may designate under subsection (b)(4), and such number of other members as may be found necessary to conduct hearings and consider and dispose of matters properly before the Board in a timely manner. The Board shall have such other professional, administrative, clerical, and stenographic personnel as are necessary to conduct hearings and consider and dispose of matters properly before the Board in a timely manner.''. (b) Appointment and Removal of Board Members.--Section 7101(b) is amended-- (1) in paragraph (2)(A), by striking ``other members of the Board (including the Vice Chairman)'' and inserting in lieu thereof ``Board members other than the Chairman''; (2) in paragraph (2)(B), by striking ``paragraph'' and inserting in lieu thereof ``subparagraph''; and (3) by striking out paragraph (4) and inserting in lieu thereof the following new paragraph (4): ``(4) The Secretary shall designate one Board member as Vice Chairman based upon recommendations of the Chairman. The Chairman may designate one or more Board members as Deputy Vice Chairmen. The Vice Chairman and any Deputy Vice Chairman shall perform such functions as the Chairman may specify. The Vice Chairman shall serve as Vice Chairman at the pleasure of the Secretary. Any Deputy Vice Chairman shall serve as Deputy Vice Chairman at the pleasure of the Chairman.''. (c) Acting Board Members.--Section 7101(c) is amended-- (1) by striking out paragraph (1) and inserting in lieu thereof the following new paragraph (1): ``(1) The Chairman may from time to time designate one or more employees of the Department to serve as acting Board members.''; (2) by striking out paragraph (2); (3) by redesignating paragraph (3) as paragraph (2); and (4) in paragraph (2), as so redesignated-- (A) by striking out ``temporary Board members designated under this subsection and the number of''; and (B) by striking out ``section 7102(a)(2)(A)(ii) of this title'' and inserting in lieu thereof ``paragraph (1) of this section''. (d) Chairman's Annual Report.--Section 7101(d)(2) is amended-- (1) in subparagraph (D), by striking out ``year; and'' and inserting in lieu thereof ``year;''; (2) in subparagraph (E), by striking out ``year.'' and inserting in lieu thereof ``year; and''; and (3) by adding at the end the following: ``(F) the names of those employees of the Department designated under subsection (c)(1) to serve as acting Board members during that year and the number of cases each such acting Board member participated in during that year.''. (e) Conforming Amendments.--(1) Section 7101(d)(3)(B) is amended by striking out ``section 7103(d)'' and inserting in lieu thereof ``section 7101(b)''. (2) Section 7101(e) is amended in the first sentence by striking out ``a temporary or'' and inserting in lieu thereof ``an''. SEC. 3. ASSIGNMENT OF MATTERS BEFORE THE BOARD. Section 7102 is amended to read as follows: ``Sec. 7102. Assignment of matters before the Board ``The Chairman may determine any matter before the Board, or rule on any motion in connection therewith, or may assign any such matter or motion to any other Board member or a panel of members for determination. Any such assignment by the Chairman may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise.''. SEC. 4. DETERMINATIONS BY THE BOARD. (a) In General.--Section 7103(a) is amended to read as follows: ``(a) When the Chairman retains a matter or submits it to another Board member or a panel of members for determination in accordance with section 7102 of this title, or to an expanded panel of Board members in accordance with subsection (b) of this section, the Chairman, other member, or panel of members may: ``(1) Issue an order dismissing any appeal, in whole or in part, which fails to allege specific error of fact or law in the determination being appealed or in which the determination being appealed has become moot. Each order of dismissal shall include a written statement of the Board's findings and conclusions, and the reasons or bases for those findings and conclusions, in support of the dismissal. ``(2) Issue an order remanding the case, in whole or in part, to the agency of original jurisdiction for such additional development as the Chairman, other member, or panel of members may consider necessary for proper disposition of the case. ``(3) Render a written decision with respect to any issues not dismissed or remanded, which decision shall constitute the Board's final disposition of the issues so decided. Such decisions shall be based on the entire record in the proceeding, upon consideration of all evidence and material of record, and upon applicable provisions of law and regulation. The Board shall be bound in its decisions, including allowances made under the provisions of subsection (d) of this section, by the regulations of the Department, the instructions of the Secretary, and the precedent opinions of the chief legal officer of the Department. Each decision of a Board member or a panel of members shall include-- ``(A) a written statement of the Board's findings and conclusions, and the reasons or bases for those findings and conclusions, on all material issues of fact and law presented on the record; and ``(B) an order granting appropriate relief or denying relief. Decisions by a panel of Board members, except as otherwise provided in subsection (b), shall be made by a majority of the members of the panel.''. (b) Reconsideration.--Section 7103(b) is amended to read as follows: ``(b) The decision of a Board member or a panel of members is final, unless the Chairman orders reconsideration of the case, and a claim disallowed by the Board may not thereafter be reopened or allowed except as provided in section 5108 of this title and subsection (d) of this section. If the Chairman orders reconsideration in a case, the case shall be considered upon reconsideration by a panel of members other than the Chairman if one member originally decided the case or by an expanded panel of members other than the Chairman if a panel originally decided the case. When a panel considers a case after a motion for reconsideration has been granted, the decision of a majority of the panel members shall constitute the final decision of the Board, except as provided in subsection (d). If the expanded panel cannot reach a majority decision, the Chairman may either assign additional members other than the Chairman to the panel or vote with the members of the expanded panel so as to create a majority decision. Either the expanded panel majority or the majority made with the vote of the Chairman shall constitute the final decision of the Board, except as provided in subsection (d).''. (c) Administrative Allowance; Notice of Determination.--Section 7103 is amended by adding at the end the following: ``(d) Whenever a Board member other than the Chairman or Vice Chairman is of the opinion that a prior, otherwise final denial of a claim should be revised or amended to allow the claim in whole or in part, based on a difference of opinion as to how the evidence should be evaluated rather than on any error in the prior decision, the Board member shall recommend such allowance to the Chairman or Vice Chairman. The Chairman or Vice Chairman, whether upon the recommendation of any other Board member or upon the Chairman's or Vice Chairman's own motion, if of the opinion that a prior, otherwise final denial of a claim should be revised or amended to allow the claim in whole or in part, based on a difference of opinion as to how the evidence should be evaluated rather than on any error in the prior decision, shall approve the award of any benefit, or any increase therein, on the basis of such difference of opinion. The discretionary exercise of the authority provided to the Chairman and Vice Chairman under this subsection shall not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise. ``(e) After reaching a determination under any of the provisions of this section, the Board shall promptly mail a copy of its written decision to the appellant and the appellant's authorized representative (if any) at the last known address of the appellant and at the last known address of such representative (if any), respectively.''. SEC. 5. JURISDICTION OF THE BOARD. Section 7104 is amended-- (1) by striking out ``(a)''; (2) by striking out ``211(a)'' and inserting in lieu thereof ``511(a)''; and (3) by striking out all after ``made by the Board.''. SEC. 6. APPELLATE PROCEDURE. Section 7105(d) is amended by striking out paragraph (5). SEC. 7. MEDICAL OPINIONS. Section 7109 is amended to read as follows: ``Sec. 7109. Medical opinions ``(a) A Board member or a panel of members before whom a matter which involves a medical question is pending may, in the discretion of the member or panel, request an opinion on that medical question from-- ``(1) an employee of the Board who is licensed to practice medicine in any State; ``(2) an employee of the Veterans Health Administration who is licensed to practice medicine in any State and who has been designated by the Under Secretary for Health to provide such an opinion; or ``(3) an employee of any Federal department or agency who is licensed to practice medicine in any State and who has been designated, in accordance with arrangements made by the Secretary with the head of any such Federal department or agency, to provide such an opinion. ``(b) When, in the judgment of a Board member or a panel of members assigned a matter for determination in accordance with section 7102 of this title, the medical complexity or controversy involved in that matter warrants expert medical opinion in addition to, or in lieu of, that available within the Department or within another Federal department or agency, the Board may secure an advisory medical opinion from one or more independent medical experts who are not employees of the Department or of another Federal department or agency. The Secretary shall make necessary arrangements with recognized medical schools, universities, or clinics to furnish such advisory medical opinions at the request of the Chairman. Any such arrangement shall provide that the actual selection of the expert or experts to give the advisory opinion in an individual case shall be made by an appropriate official of such institution. For purposes of this section, an employee of a medical school, university, or clinic shall not be considered an employee of the Department or another Federal department or agency just because the medical school, university, or clinic receives grants from, or provides contract services to, the Department or another Federal department or agency. ``(c) Any opinion provided under this section shall be in writing and made a part of the record. The Board shall notify a claimant that an advisory medical opinion has been requested under this section with respect to the claimant's case and shall mail to the claimant and the claimant's authorized representative (if any) at the last known address of the claimant and at the last known address of such representative (if any) a copy of such opinion when the Board receives it. An opportunity for response by or on behalf of the claimant shall be provided following the mailing of the copy (or copies) of such advisory medical opinion.''. SEC. 8. HEARINGS. Section 7110 is amended to read as follows: ``Sec. 7110. Hearings ``(a) The Board shall decide any appeal only after affording the appellant an opportunity for a hearing. ``(b) A hearing docket shall be maintained and formal recorded hearings shall be held by such member or members of the Board as the Chairman may designate. Such member or members designated by the Chairman to conduct the hearing will participate in making the final determination in the claim. ``(c) An appellant may request a hearing before the Board at either its principal location or a regional office of the Department. Any hearing held at a regional office of the Department shall be scheduled for hearing in the order in which the requests for hearing in that area are received by the Department at the place specified by the Department for the filing of requests for such hearings. ``(d) At the request of the Chairman, the Secretary may provide suitable facilities and equipment to the Board or other components of the Department to enable an appellant located at a facility within the area served by a regional office to participate, through voice transmission, or picture and voice transmission, by electronic or other means, in a hearing with a Board member or members sitting at the Board's principal location. When such facilities and equipment are available, the Chairman may, at his or her discretion, afford the appellant an opportunity to participate in a hearing before the Board through the use of such facilities and equipment in lieu of a hearing held by personally appearing before a Board member or members as provided in subsection (c).''. SEC. 9. TABLE OF CONTENTS. The table of contents at the beginning of chapter 71 is amended by-- (1) striking ``7102. Assignment of members of Board.'' and inserting in lieu thereof ``7102. Assignment of appellate matters.''; (2) striking ``7109. Independent medical opinions.'' and inserting in lieu thereof ``7109. Medical opinions.''; and (3) striking ``7110. Traveling sections.'' and inserting in lieu thereof ``7110. Hearings.''. SEC. 10. EFFECTIVE DATES OF AWARDS BASED ON DIFFERENCE OF OPINION. Section 5110 is amended by adding at the end the following new subsection: ``(o) The effective date of the award of any benefit, or any increase therein, pursuant to section 7103(d) of this title on the basis of a difference of opinion shall be-- ``(1) if the award resulted from review initiated by an application to reopen the claim for the benefit in question under the provisions of section 5108 of this title, fixed in accordance with the facts found but shall not be earlier than the date the Department of Veterans Affairs received such application; or ``(2) if the award resulted from review of the final determination undertaken by the Department of Veterans Affairs solely on its own initiative, the date the Chairman or Vice Chairman of the Board of Veterans' Appeals approved the award.''.

Veterans' Appeals Improvement Act of 1993 - Provides for the appointment by the Chairman of the Board of Veterans Appeals of any necessary number of Deputy Vice Chairmen. Rescinds the Chairman's authority to appoint temporary Board members from employees of the Department of Veterans Affairs. Removes current limitations on the authorized period of service for acting Board members. Requires the Chairman to include in an annual report information as to the number of acting Board members who served during the previous year and the number of appeal cases each such member participated in. Authorizes the Chairman to decide alone, or to assign to another Board member, any matter or motion before the Board. (Current law requires a minimum three-member Board determination of such matters.) Prohibits judicial review of any such assignments. Authorizes the Board to: (1) dismiss appeals which allege no specific error of fact or law or in which the determination being appealed has become moot; (2) remand cases for which additional developments require appropriate disposition; and (3) render a written final Board decision on issues not dismissed or remanded. Revises provisions concerning situations under which the Chairman shall exclude himself from the reconsideration of an appeal. Provides for the reconsideration of a case based on a difference of opinion as to how the evidence should be evaluated rather than on a specific error in the prior decision. Authorizes Board members to collect medical opinions from Board employees, Department employees, or employees of other Federal departments and agencies, as long as such employees are licensed to practice medicine in any State. Requires such opinions to be in writing and to be made part of the record, with an opportunity for the appellant to respond. Revises provisions concerning appellant hearing procedures.

Veterans' Appeals Improvement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability for Quality VA Healthcare Act''. SEC. 2. PILOT PROGRAM ON PHYSICAL SECURITY AT DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES. (a) In General.--Beginning not later than 90 days after the date of the enactment of this Act the Secretary of Veterans Affairs shall carry out a pilot program to enhance the physical security of Department of Veterans Affairs medical facilities. At the medical facilities selected for the pilot program, the Secretary shall-- (1) ensure that alarm systems effectively notify relevant staff in the police command and control centers and the unit nursing stations of the facility; and (2) require relevant medical center stakeholders to coordinate and consult on-- (A) plans for new and renovated units; and (B) any changes to physical security features, including closed-circuit television cameras. (b) Locations.--The Secretary shall select five medical facilities of the Department to participate in the pilot program. (c) Termination.--The pilot program shall terminate on the date that is two years after the date on which the pilot program commences. (d) Report.--Not later than 30 days after the termination of the pilot program under subsection (c), the Secretary shall submit to Congress a report on the pilot program. SEC. 3. REPORT ON DEPARTMENT OF VETERANS AFFAIRS IMPROVEMENT OF FACILITY ALIGNMENT. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the findings and recommendations of the report of the Government Accountability Office entitled ``VA Real Property: VA Should Improve Its Efforts to Align Facilities with Veterans' Needs''. The report submitted by the Secretary shall include the plan of the Secretary, including a time frame for completion, to specifically address the following recommendations: (1) To address identified limitations to the strategic capital investment planning process, including limitations to scoring and approval and access to information. (2) To assess the value of the Department of Veterans Affairs Integrated Planning facility master plans as a facility-planning tool, and based on conclusions contained in the Government Accountability Office report, either discontinue the development of such master plans or address the limitations of such master plans. (3) To develop and distribute guidance for Veterans Integrated Service Networks and facilities using best practices on how to effectively communicate with stakeholders about alignment change. (4) To develop and implement a mechanism to evaluate Veterans Integrated Service Network and facility communication efforts with stakeholders to ensure that such communication efforts are working as intended and align with guidance and best practices. (b) Public Availability.--Upon submittal of the report under subsection (a), the Secretary shall make the report publicly available on an internet website of the Department. SEC. 4. UPDATE OF HANDBOOK TO IMPROVE LEASING PROJECTS. Not later than 180 days after the date of the enactment of this Act, and not less than once every five-year period thereafter, the Secretary of Veterans Affairs shall update the handbook of the Department of Veterans Affairs titled ``Planning and Activating Community Based Outpatient Clinics'', or a successor handbook, to reflect current policies, best practices, and clarify the roles and responsibilities of the personnel of the Department involved in the leasing projects of the Department. SEC. 5. IMPROVEMENT OF INSPECTIONS OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES AND IMPROVEMENT OF CARE FOR WOMEN PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS. (a) Findings.--Congress makes the following findings: (1) The Department of Veterans Affairs has policies in place to help ensure the privacy, safety, and dignity of women veterans when they receive care at its medical facilities. (2) A Government Accountability Office report found many instances of noncompliance with such policies. (3) Women veterans are the fastest growing cohort within the veteran community. (4) Women serve in every branch of the Armed Forces and represent nearly 15 percent of the members of the Armed Forces currently serving on active duty and 18 percent of members of the National Guard and reserve components. (5) The number of women veterans using the medical care provided by the Department of Veterans Affairs is expected to increase dramatically. (b) Sense of Congress.--It is the sense of Congress that-- (1) female veterans are put at risk by a system that is currently designed for men; and (2) the Department of Veterans Affairs should follow through with commitments to ensure female veterans can access services tailored to their needs. (c) Improvement of Inspections of Department of Veterans Affairs Medical Facilities and Improvement of Care for Women Provided by Department of Veterans Affairs.-- (1) Improvement of inspections process.--The Secretary of Veterans Affairs shall strengthen the environment of care inspections process and oversight of such process by-- (A) expanding the list of requirements that facility staff inspect for compliance to align with the policy of the Veterans Health Administration; (B) ensuring that all patient care areas of Department medical facilities are inspected as required; (C) clarifying the roles and responsibilities of Department medical facility staff responsible for identifying and addressing compliance; and (D) establishing a process to verify that noncompliance information reported by facilities to the Veterans Health Administration central office is accurate and complete. (2) Improvement of care for women.-- (A) Monitoring of gender-specific care services.-- To improve care for women veterans, the Secretary of Veterans Affairs shall monitor women veterans' access to gender-specific care services under current and future community care contracts or agreements. Such monitoring shall include an examination of appointment scheduling and completion times, driving times to appointments, and reasons appointments could not be scheduled with community providers. (B) Definitions.--In this subparagraph: (i) The term ``gender-specific care services'' means mammography, maternity care, and gynecology. (ii) The term ``community care contract or agreement'' means an agreement described in section 101(d) of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113- 146), or other contract or agreement under which the Secretary furnishes hospital care and medical treatment to veterans at non-Department of Veterans Affairs health care facilities. SEC. 6. IMPROVEMENT OF DELIVERY OF CARE AT DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES. (a) Wait Times.--The Secretary of Veterans Affairs shall clearly identify measures for wait times for medical appointments in Department of Veterans Affairs medical facilities in a manner that reduces the likelihood of an individual misinterpreting such measures. (b) Scheduling.--The Secretary shall ensure that the term ``patient indicated date'' is clearly defined for purposes of the scheduling policy of the Veterans Health Administration and in related training documents. The Secretary shall take such steps as may be necessary to ensure such term is correctly implemented by employees who perform scheduling functions. (c) Staff Availability.-- (1) Allocation; scheduling.--The Secretary shall develop a policy requiring Department of Veterans Affairs medical facilities to routinely assess the scheduling needs and resources required to ensure that employees of such facilities are allocated in such a manner as to adequately respond to the demand for scheduling medical appointments. (2) Recruitment and retention.--The Secretary shall develop a strategy to improve recruitment and retention of Department of Veterans Affairs medical providers and employees who perform scheduling functions for Department medical facilities. Such strategy shall be designed to ensure adequate staffing of Department medical facilities and shall emphasize recruitment and retention in facilities located in rural areas. (d) Telephone Access.--The Secretary shall-- (1) ensure that all Department medical facilities provide oversight of telephone access and implement the best practices outlined in the Department 2015 Telephone Access and Contact Management Improvement Guide, or a successor guide; and (2) identify medical facilities that are using outdated telephone technology and replace such technology with new systems designed to improve telephone service and access to health care. SEC. 7. EVALUATIONS OF ORGANIZATIONAL STRUCTURE OF VETERANS HEALTH ADMINISTRATION AND REALIGNMENT OF VETERANS INTEGRATED SERVICE NETWORKS. (a) Organizational Structure.-- (1) Process.--The Secretary of Veterans Affairs, acting through the Under Secretary for Health, shall implement a process to consistently evaluate reviews described in paragraph (3). (2) Matters included.--The process under paragraph (1) shall include the following: (A) Identification of the officials and the offices of the Department of Veterans Affairs responsible for evaluating and approving, and ensuring the implementation of, recommendations made by reviews described in paragraph (3), including-- (i) the roles of each such official and office; and (ii) a description of how decisions are made and documented to approve such implementation. (B) A description of how recommendations made by reviews described in paragraph (3) should be evaluated. (C) A description of how timelines should be established to ensure recommendations are evaluated and implemented in a timely manner and metrics to assess the progress made with respect to such implementation. (3) Reviews described.--The reviews described in this paragraph are reviews of the organizational structure of the Veterans Health Administration conducted by the Secretary, the Inspector General of the Department of Veterans Affairs, the Comptroller General of the United States, the Commission on Care established by section 202 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 128 Stat. 1773), or by an independent entity, as determined appropriate by the Secretary. (4) First use.--The Under Secretary shall use the process under paragraph (1) to evaluate the results of the evaluation conducted under subsection (b)(1). The Under Secretary shall make any required improvements to such process based on the lessons learned by the Under Secretary resulting from such use. (b) Veterans Integrated Service Networks.-- (1) Evaluation.--Consistent with the report of the Comptroller General of the United States titled ``VA Health Care: Processes to Evaluate, Implement, and Monitor Organizational Structure Changes Needed'' (GAO-16-803), the Secretary, acting through the Under Secretary for Health, shall conduct an evaluation of all the Veterans Integrated Service Networks, including with respect to-- (A) the implementation by the Secretary of realignments to such Networks; and (B) identifying deficiencies to such Networks that require corrective action. (2) Assessment and implementation.--In accordance with subsection (a)(4), the Under Secretary shall use the process implemented under subsection (a) to assess the results of the evaluation conducted under paragraph (1) and to implement changes and other actions to improve the Veterans Integrated Service Networks. (c) Report.--Not later than 90 days after the date of the enactment of this Act, the Under Secretary shall submit to Congress a report that includes a description of-- (1) the process implemented under subsection (a)(1); (2) the deficiencies identified under paragraph (1) of subsection (b); and (3) how the Under Secretary will carry out paragraph (2) of such subsection. (d) Prohibition on New Appropriations.--No additional funds are authorized to be appropriated to carry out this section, and this section shall be carried out using amounts otherwise made available for such purposes. SEC. 8. ANNUAL REPORT REGARDING THE RECRUITMENT, HIRING, AND RETENTION OF NURSES FOR THE VETERANS HEALTH ADMINISTRATION. (a) Report Required.--Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary of Veterans Affairs shall publish and submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report regarding efforts to recruit, hire, and retain nurses for the Veterans Health Administration. (b) Elements.--The report under subsection (a) shall include details relating to-- (1) efforts to recruit, hire, and retain nurses at each medical facility of the Department; (2) resources provided by the Secretary to recruit, hire, and retain nurses for the Veterans Health Administration; and (3) recommendations for legislation the Secretary considers appropriate. SEC. 9. REINSTATEMENT OF REPORTING REQUIREMENT REGARDING THE DEPARTMENT OF VETERANS AFFAIRS HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE PROGRAM. Section 3003(a)(1) of the Federal Reports Elimination and Sunset Act of 1995 (Public Law 104-66; 31 U.S.C. 1113 note) shall not apply to the report required under section 7632 of title 38, United States Code.

Accountability for Quality VA Healthcare Act This bill directs the Department of Veterans Affairs (VA) to carry out a two-year pilot program to enhance the physical security of VA medical facilities. The VA shall periodically update its Planning and Activating Community Based Outpatient Clinics handbook to reflect current policies and clarify the responsibilities of VA leasing project personnel. The VA shall: (1) strengthen its medical facility inspection process; and (2) monitor women veterans' access to gender-specific care services under community care contracts, including appointment scheduling and completion times. The VA shall: (1) clarify measures for medical appointment wait times in a manner that reduces the likelihood of misinterpretation, (2) ensure that "patient indicated date" (the earliest date the patient needs to be seen) is clearly defined for purposes of Veterans Health Administration (VHA) scheduling and related training documents, (3) improve recruitment and retention of scheduling staff and require facilities to routinely assess scheduling and resource needs, and (4) improve telephone access at its medical facilities. The VA shall conduct evaluations of the VHA's organizational structure and the Veterans Integrated Service Networks (regional VA health care administrative areas).

Accountability for Quality VA Healthcare Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flat Tax Act of 1993''. SEC. 2. REPEAL OF TAXATION OF CORPORATIONS. The following provisions of the Internal Revenue Code of 1986 are hereby repealed: (1) section 11 (relating to corporate income tax), (2) section 55 (relating to alternative minimum tax) to the extent it applies to corporations, (3) section 511 (relating to unrelated business income tax), (4) section 531 (relating to accumulated earnings tax), (5) section 541 (relating to personal holding company tax), (6) section 594 (relating to alternative tax for certain mutual savings banks), (7) section 801 (relating to tax imposed on life insurance companies), (8) section 831 (relating to tax on certain other insurance companies), (9) section 852 (relating to tax on regulated investment companies), (10) section 857 (relating to tax on real estate investment trusts), and (11) section 882 (relating to tax on income of foreign corporations connected with United States business). SEC. 3. 10 PERCENT INCOME TAX RATE FOR INDIVIDUALS. Section 1 of the Internal Revenue Code of 1986 (relating to tax imposed on individuals) is amended to read as follows: ``SECTION 1. TAX IMPOSED. ``(a) In General.--There is hereby imposed on the income of every individual a tax equal to 10 percent of the excess of the earned income of such individual for the taxable year over the exemption amount for such year. ``(b) Definitions.--For purposes of this section-- ``(1) Exemption amount.-- ``(A) In general.--The term `exemption amount' means, for any taxable year, $10,000 increased (for taxable years beginning after December 31, 1993) by an amount equal to $10,000 multiplied by the cost-of- living adjustment for the calendar year in which the taxable year begins. ``(B) Cost-of-living adjustment.--For purposes of this paragraph-- ``(i) In general.--The cost-of-living adjustment for any calendar year is the percentage (if any) by which-- ``(I) the CPI for October of the preceding calendar year, exceeds ``(II) the CPI for October of 1992. ``(ii) CPI.--The term `CPI' means the last Consumer Price Index for all-urban consumers published by the Department of Labor. ``(C) Rounding.--If the increase determined under this paragraph is not a multiple of $10, such increase shall be rounded to the nearest multiple of $10 (or if such increase is a multiple of $5, such increase shall be increased to the next highest multiple of $10). ``(2) Earned income.-- ``(A) In general.--Except as provided in subparagraph (B), the term `earned income' means-- ``(i) wages, salaries, and other employee compensation, ``(ii) the amount of the taxpayer's net earnings from self-employment for the taxable year, and ``(iii) the amount of dividends which are from a personal service corporation or which are otherwise directly or indirectly compensation for services. ``(B) Exceptions.--The term `earned income' does not include-- ``(i) any amount received as a pension or annuity, or ``(ii) any tip unless the amount of the tip is not within the discretion of the service- recipient. ``(C) Fringe benefits valued at employer cost.--The amount of any fringe benefit which is included as earned income shall be the cost to the employer of such benefit.''. SEC. 4. REPEAL OF SPECIAL DEDUCTIONS, CREDITS, AND EXCLUSIONS FROM INCOME FOR INDIVIDUALS. Chapter 1 of the Internal Revenue Code of 1986 is amended by striking out all specific exclusions from gross income, all deductions, and all credits against income tax to the extent related to the computation of individual income tax liability. SEC. 5. REPEAL OF ESTATE AND GIFT TAXES. Subtitle B of the Internal Revenue Code of 1986 (relating to estate, gift, and generation-skipping taxes) is hereby repealed. SEC. 6. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall apply to taxable years beginning after the date of the enactment of this Act. (b) Repeal of Estate and Gift Taxes.--The repeal made by section 5 shall apply to estates of decedents dying, and transfers made, after the date of the enactment of this Act. (c) Technical and Conforming Changes.--The Secretary of the Treasury or his delegate shall, as soon as practicable but in any event not later than 90 days after the date of the enactment of this Act, submit to the Committee on Ways and Means of the House of Representatives a draft of any technical and conforming changes in the Internal Revenue Code of 1986 which are necessary to reflect throughout such Code the changes in the substantive provisions of law made by this Act.

Flat Tax Act of 1993 - Amends the Internal Revenue Code to repeal corporate taxes. Imposes a ten percent tax on the excess of the earned income of individuals over an exemption amount. Repeals: (1) specific exclusions from gross income; (2) deductions and credits against income tax; and (3) estate and gift taxes.

Flat Tax Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maximum Economic Growth for America through Investment in Rural, Elderly, and Disabled Transit Act'' or the ``MEGA RED TRANS Act''. SEC. 2. MINIMUM LEVEL OF FUNDING FOR ELDERLY AND DISABLED PROGRAM. Section 5310 of title 49, United States Code, is amended-- (1) in subsection (b), in the first sentence, by striking the period at the end and inserting the following: ``, provided that, for fiscal years 2004, 2005, and 2006, each State shall receive annually, of the amounts apportioned under this section, a minimum of double the amount apportioned to the State in fiscal year 2003 or $1,000,000, whichever is greater, and that for fiscal years 2007, 2008, and 2009, each State shall receive annually, of the amounts apportioned under this section, a minimum equal to the minimum required to be apportioned to the State for fiscal year 2006 plus $500,000.''; and (2) by adding at the end the following: ``(k) Amounts for Operating Assistance.--Amounts made available under this section may be used for operating assistance. ``(l) Available Funds.--Notwithstanding any other provision of law, of the aggregate amounts made available by and appropriated under this chapter, the amount made available to provide transportation services to elderly individuals and individuals with disabilities under this section in each of the fiscal years 2004 through 2009, shall be not less than the amount necessary to match the minimum apportionment levels required by subsection (b).''. SEC. 3. MINIMUM LEVEL OF FUNDING FOR RURAL PROGRAM. Section 5311 of title 49, United States Code, is amended-- (1) in subsection (c), in the first sentence, by striking the period at the end and inserting the following: ``, provided that none of the 50 States shall receive, from the amounts annually apportioned under this section, an apportionment of less than $5,000,000 for each of fiscal years 2004, 2005, and 2006, and $5,500,000 for each of fiscal years 2007, 2008, and 2009.''; and (2) by adding at the end the following: ``(k) Amounts.--Notwithstanding any other provision of law, of the aggregate amounts made available by and appropriated under this chapter, the amount made available for the program established by this section in each of fiscal years 2004 through 2009 shall be not less than the sum of-- ``(1) the amount made available for all States for such purpose for fiscal year 2003; and ``(2)(A) for each of fiscal years 2004, 2005, and 2006, the amount equal to the difference between $5,000,000 and the apportionment for fiscal year 2003, for each of those individual States that were apportioned less than $5,000,000 under this section for fiscal year 2003; or ``(B) for each of fiscal years 2007, 2008, and 2009, the amount equal to the difference between $5,500,000 and the apportionment for fiscal year 2003, for each of those individual States that were apportioned less than $5,500,000 under this section for fiscal year 2003.''. SEC. 4. ESSENTIAL BUS SERVICE. (a) In General.--Chapter 53 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 5339. Essential bus service ``(a) In General.--The Secretary shall establish a program under which States shall provide essential bus service between rural areas and primary airports, as defined in section 47102, and between rural areas and stations for intercity passenger rail service, and appropriate intermediate or nearby points. ``(b) Eligible Activities.--Eligible activities under the program established by this section shall include-- ``(1) planning and marketing for intercity bus transportation; ``(2) capital grants for intercity bus shelters, park and ride facilities, and joint use facilities; ``(3) operating grants, including direct assistance, purchase of service agreements, user-side subsidies, demonstration projects, and other means; and ``(4) enhancement of connections between bus service and commercial air passenger service and intercity passenger rail service. ``(c) Availability of Funds.--Amounts made available pursuant to this section shall remain available until expended. ``(d) Relationship to Section 5311.--Amounts for the program established by this section shall be apportioned to the States in the same proportion as amounts apportioned to the States under section 5311. Section 5311(j) applies to this section. ``(e) Funds.--Notwithstanding any other provision of law, of the aggregate amounts made available by and appropriated under this chapter-- ``(1) for fiscal years 2004, 2005, and 2006, $30,000,000 of the total for each fiscal year shall be for the implementation of this section; and ``(2) for fiscal years 2007, 2008, and 2009, $35,000,000 of the total for each fiscal year shall be for the implementation of this section.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 53 of title 49, United States Code, is amended by adding at the end the following: ``5339. Essential bus service.''. SEC. 5. MINIMUM LEVEL OF FUNDING FOR URBANIZED AREAS WITH A POPULATION OF LESS THAN 200,000. (a) Minimum Apportionment.--Section 5336(a)(1) of title 49, United States Code, is amended by striking ``mile; and'' and inserting the following: ``mile, provided that the apportionments under this paragraph shall be modified to the extent required so that urbanized areas that are eligible under this paragraph and are located in a State in which all urbanized areas in the State eligible under this paragraph collectively receive apportionments totaling less than $5,000,000 in any of fiscal years 2004, 2005, or 2006, or less than $5,500,000 in any of fiscal years 2007, 2008, or 2009, shall each have their apportionments increased, proportionately, to the extent that, collectively, all of the urbanized areas in the State that are eligible under this paragraph receive, of the amounts apportioned annually under this paragraph, $5,000,000 for each of fiscal years 2004, 2005, and 2006, and $5,500,000 for each of fiscal years 2007, 2008, and 2009; and''. (b) Funds.--Section 5307 of title 49, United States Code, is amended by adding at the end the following: ``(o) Funds.--Notwithstanding any other provision of law, of the aggregate amounts made available by and appropriated under this chapter, in each of the fiscal years 2004 through 2009, the amount made available for the program established by this section shall be not less than the sum of-- ``(1) the amount made available for such purpose for fiscal year 2003; and ``(2) the amount equal to the sum of the increase in apportionments for that fiscal year over fiscal year 2003, to urbanized areas with a population of less than 200,000, in affected States, attributable to the operation of section 5336(a)(1).''. SEC. 6. LEVEL PLAYING FIELD FOR GOVERNMENT SHARE. (a) In General.--Chapter 53 of title 49, United States Code, as amended by this Act, is amended by adding at the end the following: ``Sec. 5340. Government share ``With respect to amounts apportioned or otherwise distributed for fiscal year 2004 and each subsequent fiscal year, the Government share of eligible transit project costs or eligible operating costs, shall be the greater of-- ``(1) the share applicable under other provisions of this chapter; or ``(2) the share that would apply, in the State in which the transit project or operation is located, to a highway project under section 133 of title 23.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 53 of title 49, United States Code, is amended by adding at the end the following: ``5340. Government share.''. SEC. 7. INTEREST CREDITED TO MASS TRANSIT ACCOUNT. Section 9503(f)(2) of the Internal Revenue Code of 1986 (relating to the Highway Trust Fund) is amended by striking the period at the end and inserting the following: ``, provided that after September 30, 2003, interest accruing on the balance in the Mass Transit Account shall be credited to such account.''.

Maximum Economic Growth for America through Investment in Rural, Elderly, and Disabled Transit Act (or the MEGA RED TRANS Act) - Amends Federal transportation law to set forth certain minimum funding levels of amounts made available from the Mass Transit Account of the Highway Trust Fund for: (1) formula grants and loans to States to provide mass transportation services to elderly individuals and individuals with disabilities and in non-urbanized areas; and (2) block grants to States for mass transportation service projects in urbanized areas with a population of less than 200,000.Establishes an essential bus service program under which States provide essential bus service between rural areas and primary airports, and between rural areas and stations for intercity passenger rail service, and appropriate intermediate or nearby points.Sets forth certain requirements regarding the Federal share of eligible project costs or eligible operating costs with respect to funds distributed for transit projects after FY 2004.Amends the Internal Revenue Code to require interest that is accrued on balances in the Mass Transit Account of the Highway Trust Fund to be credited to such account.

A bill to improve transit service to rural areas, including for elderly and disabled.

That (a) part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from income) is amended by redesignating section 137 as section 138 and by inserting after section 136 the following new section: ``SEC. 137. CERTAIN PENSIONS AND ANNUITIES UNDER STATE OR LOCAL RETIREMENT SYSTEMS. ``(a) General Rule.--Gross income does not include any amount (otherwise includible in gross income) received by an individual as a qualified governmental pension. ``(b) Dollar Limitation.--The aggregate amount excluded under subsection (a) for the taxable year shall not exceed-- ``(1) the social security exclusion amount applicable to the taxpayer for such year, reduced by ``(2) the sum of-- ``(A) the aggregate amount excluded from gross income under section 72(b) with respect to any qualified governmental pension, and ``(B) the social security benefits (within the meaning of section 86(d)) received by the taxpayer during such year which were excluded from gross income. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified governmental pension.--The term `qualified governmental pension' means any pension or annuity received under a State or local retirement system to the extent such pension or annuity is not attributable to service-- ``(A) which constitutes employment for purposes of chapter 21 (relating to the Federal Insurance Contributions Act), or ``(B) which is covered by an agreement made pursuant to section 218 of the Social Security Act. ``(2) Social security exclusion amount.--The social security exclusion amount applicable to any taxpayer for any taxable year is the portion of the aggregate amount received as a qualified governmental pension by such individual during such taxable year which would not be includible in gross income if the amounts so received were social security benefits (as defined in section 86(d)). For purposes of the preceding sentence, amounts received as a qualified governmental pension during such taxable year shall not be taken into account to the extent such amounts exceed the applicable maximum benefit amount. ``(3) Applicable maximum benefit amount.--The term `applicable maximum benefit amount' means-- ``(A) in the case of an unmarried individual, the maximum individual social security benefit, ``(B) in the case of a joint return, 150 percent of the maximum individual social security benefit, or ``(C) in the case of a married individual filing a separate return, 75 percent of the maximum individual social security benefit. For purposes of the preceding sentence, marital status shall be determined under section 143. ``(4) Maximum individual social security benefit.-- ``(A) In general.--The term `maximum individual social security benefit' means, with respect to any taxable year, the maximum total amount (as certified by the Secretary of Health and Human Services to the Secretary) which could be paid for all months in the calendar year ending in the taxable year as old-age insurance benefits under section 202(a) of the Social Security Act (without regard to any reduction, deduction, or offset under section 202(k) or section 203 of such Act) to any individual who attained age 65, and filed application for such benefits, on the first day of such calendar year. ``(B) Part years.--In the case of an individual who receives a qualified governmental pension with respect to a period of less than a full taxable year, the maximum individual social security benefit for such individual for such year shall be reduced as provided in regulations prescribed by the Secretary to properly correspond to such period. ``(5) State or local retirement system.--The term `State or local retirement system' means any pension, annuity, retirement, or similar fund or system established by a State, any political subdivision of a State, or the District of Columbia.'' (b) Subparagraph (A) of section 86(b)(2) of such Code (defining modified adjusted gross income) is amended by inserting ``137,'' before ``911''. (c) The table of sections for part III of subchapter B of chapter 1 of such Code (relating to items specifically excluded from income) is amended by redesignating the item relating to section 137 as section 138 and by inserting after the item relating to section 136 the following new item: ``Sec. 137. Certain pensions and annuities under State or local retirement systems.'' (d) The amendments made by this Act shall apply to taxable years beginning after the date of the enactment of this Act.

Amends the Internal Revenue Code to exclude from gross income any amount received by an individual as a governmental pension under a State or local retirement system. Limits such amount to the applicable social security exclusion.

To amend the Internal Revenue Code of 1986 to provide individuals receiving State or local governmental pensions an exclusion equivalent to that received by social security recipients.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Spectrum Relocation Improvement Act of 2011''. SEC. 2. RIGHTS AND RESPONSIBILITIES OF FEDERAL ENTITIES IN THE SPECTRUM RELOCATION PROCESS. (a) Eligible Federal Entities.--Section 113(g)(1) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(1)) is amended to read as follows: ``(1) Eligible federal entities.--Any Federal entity, as defined in subsection (i), that operates a Federal Government station assigned to a band of eligible frequencies, as described in paragraph (2), and that incurs relocation costs because of the reallocation of frequencies from Federal use to non-Federal use shall receive payment for such costs from the Spectrum Relocation Fund if the Federal entity is found by the Office of Management and Budget (in this section referred to as `OMB') to comply with the requirements of this section and section 118. For purposes of this paragraph, Federal power agencies exempted under subsection (c)(4) that choose to relocate from the frequencies identified for reallocation pursuant to subsection (a) are eligible to receive payment under this paragraph.''. (b) Public Information on Relocation Process.--Section 113(g) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)) is amended-- (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following new paragraph: ``(6) Public notice of relocation plans.-- ``(A) Not later than 90 days after the date on which the NTIA, on behalf of eligible Federal entities and after review by OMB, notifies the Commission of estimated relocation costs and timelines for such relocation as required by paragraph (4)(A), NTIA shall post on its Web site detailed transition plans from each of the eligible Federal entities, taking appropriate measures to safeguard classified or sensitive information as detailed in this section. Each Federal entity's transition plan shall provide the public with the following information about its spectrum relocation requirements: ``(i) Current use of the spectrum. ``(ii) Geographic location of the Federal entities' facilities or systems, including frequency bands used by such systems. ``(iii) The steps to be taken by the Federal entity to relocate its current spectrum uses from the eligible frequencies, including timelines for specific geographic locations in sufficient detail to indicate when use of such frequencies at specific locations will be shared between the Federal entity and the commercial licensee. ``(iv) The specific interactions between eligible Federal entities and NTIA needed to implement the transition plan. ``(v) The name of the director, officer, or employee responsible for the Federal entity's relocation efforts and who is authorized to meet and negotiate with commercial licensees regarding the relocation process. ``(vi) The Federal entity's plans and timeline for using relocation funds received from the Spectrum Relocation Fund, procuring new equipment and additional personnel needed for the relocation, and field-testing and deploying new equipment needed in the relocation. ``(vii) Risk factors in the relocation process that could affect the Federal entity's fulfillment of its transition plan. ``(B) To be eligible to receive payment for relocation costs from the Spectrum Relocation Fund-- ``(i) Federal entities shall make the transition plans described in this subsection available to NTIA at least 90 days prior to the date that NTIA shall make such plans publicly available on its Web site pursuant to subparagraph (A), in a common format to be specified by NTIA after public input; and ``(ii) each transition plan shall be evaluated by a standing 3-member technical panel (in this section referred to as the `Technical Panel'), which shall report to NTIA and to the Federal entity, within 30 days after the plan's submission to NTIA, on the sufficiency of the plan under this paragraph, including whether the required public information is included and whether proposed timelines and estimated relocation costs, including costs proposed for expanding the capabilities of a Federal system in connection with relocation, are reasonable. ``(C) The Director of OMB, the Administrator of NTIA, in consultation with the affected Federal entities, and the Chairman of the Commission shall each appoint one member to the Technical Panel, and each such member shall be a radio engineer or technical expert, or have equivalent qualifications. NTIA shall adopt regulations to govern the workings of the Technical Panel after public notice and comment, subject to OMB approval, and the members of the Technical Panel shall be appointed, within 180 days of the date of enactment of the Spectrum Relocation Improvement Act of 2011. No person shall serve as a member of the Technical Panel for more than 3 years. ``(D) If any of the information otherwise required by this paragraph is `classified information,' as that term is defined in section 798(b) of title 18, United States Code, the Federal entity's transition plan shall explain the exclusion of any such information as specifically as possible, shall make all relevant non- classified information available in its transition plan, and shall discuss as a risk factor the extent of the classified information and the effect on the relocation process of the classified information. ``(E) NTIA, in consultation with OMB and the Department of Defense, shall adopt regulations within 180 days of the date of enactment the Spectrum Relocation Improvement Act of 2011 to ensure information released publicly for the purpose of this paragraph contains no sensitive or classified information.''. (c) Sharing and Coordination of Spectrum Between Commercial Licensees and Federal Entities During Relocation Transition.-- (1) Evaluation of shared access.--Section 111 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921) is amended-- (A) by striking ``As used'' and inserting the following: ``(a) In General.--As used''; and (B) by adding at the end the following: ``(b) Evaluation of Shared Access.--The Commission and the NTIA shall jointly establish any applicable conditions as are determined necessary to define the term shared access to include such considerations as methods of sharing spectrum resources, coordination between Federal and non-Federal entities, such as commercial licensees, and/or sharing network infrastructure or other resources.''. (2) Eligibility for payment of relocation costs.--Section 118 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928) is amended by adding at the end the following new subsections: ``(f) Eligibility for Payment of Relocation Costs.-- ``(1) Spectrum sharing.--To be eligible to receive payment for relocation costs from the Spectrum Relocation Fund, a Federal entity shall-- ``(A) in its transition plan for relocating its current spectrum uses, provide-- ``(i) to the fullest extent possible, for sharing and coordination of eligible frequencies with commercial licensees, including reasonable accommodation by the Federal entity for the use of eligible frequencies by the commercial licensee during the period that the Federal entity is relocating its spectrum uses (in this subsection referred to as the `transition period'); and ``(ii) a presumption that commercial licensees shall be able to use eligible frequencies during the transition period in geographic areas where the Federal entity does not utilize those frequencies; ``(B) during the transition period, make itself available, within 30 days after a written request, for negotiation and discussion with commercial licensees; and ``(C) during the transition period, make available to a commercial licensee with appropriate security clearances any `classified information' as that term is defined in section 798(b) of title 18, United States Code, regarding the relocation process, which will assist the commercial licensee in the relocation process with that Federal entity or other Federal entities. ``(2) Timely and successful completion of relocation.--In addition to the conditions of paragraph (1), to be eligible to receive payment for relocation costs from the Spectrum Relocation Fund, a Federal entity-- ``(A) shall complete the relocation of its current spectrum uses not later than 1 year after the date upon which funds are transferred to the entity to fund the relocation; ``(B) may complete the relocation of its current spectrum use at a time period different that required under subparagraph (A), if prior to the date the Technical Panel (as described in section 113(g)(6)(C)) is required to post publicly the Federal entity's transition plan, the Federal entity receives written approval from the Office of Management and Budget (in this section referred to as `OMB'), with the advice of the Technical Panel; and ``(C) shall make available to NTIA, not later than 15 days prior to the date that is the halfway point of the time period described in subparagraph (A), a complete update of its transition plan, provided that NTIA shall post such update publicly on its Web site not later than the date that is the halfway point of the time period described in subparagraph (A). ``(3) Nothing in paragraphs (1) or (2) shall be construed to adversely affect critical communications related to the mission of any Federal entity. ``(4) Subject to subsection (d), payments for relocation costs from the Spectrum Relocation Fund shall be made to an eligible Federal entity not later than 30 days after the grant of the first license following the close of the auction. ``(g) Dispute Resolution Process.-- ``(1) If, during the spectrum relocation process, a dispute arises over the execution, timing, or cost of the Federal entity's transition plan, either the Federal entity or the affected commercial licensee may seek resolution of the dispute from a 3-member dispute resolution board, consisting of a representative of OMB, NTIA, and the Commission, and chaired by the representative of OMB. ``(2) The dispute resolution board shall meet with representatives of the Federal entity involved in the dispute and the commercial licensee together to discuss the dispute. The dispute resolution board may require the parties to make written submissions to it. The dispute resolution board shall rule on any dispute within 30 days after the date that the dispute was brought before it. ``(3) The dispute resolution board shall be assisted by the Technical Panel described in section 113(g)(6)(C). ``(4) Subject to OMB approval, NTIA shall adopt regulations to govern the working of the dispute resolution board and the role of the Technical Panel after public notice and comment within 180 days after the date of enactment of the Spectrum Relocation Improvement Act of 2011. ``(5) Appeals may be taken from decisions of the dispute resolution board to the United States Court of Appeals for the District of Columbia Circuit by filing a notice of appeal with that court within 30 days after the date of such decision. Each party shall bear its own costs and expenses, including attorneys' fees, for any litigation to enforce this subsection or any decision rendered under it.''. SEC. 3. GAO STUDY. (a) In General.--The Comptroller General of the United States shall conduct a study regarding the National Telecommunications and Information Administration and other Federal agencies' spectrum management capabilities, including related staff, mission, and current budget for the annual spectrum-related efforts of the NTIA and such other Federal agencies. The study required under this subsection shall include an analysis of expected funding needs and coordination of existing resources of the Federal Government, by agency, to prepare for any future relocation or sharing of currently utilized spectrum. (b) Submission of Report.--Not later than December 31, 2011, the Comptroller General of the United States shall submit report on the study required under subsection (a) to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

Spectrum Relocation Improvement Act of 2011 - Amends the National Telecommunications and Information Administration Organization Act to require the National Telecommunications and Information Administration (NTIA) to post on its website (while taking appropriate measures to safeguard classified or sensitive information) detailed transition plans from each federal entity that is eligible for payments from the Spectrum Relocation Fund for costs related to the reallocation of frequencies from federal to nonfederal use. Requires each federal entity's transition plan to provide certain public information about its spectrum relocation requirements including its: (1) current spectrum use; (2) geographic location of federal facilities or systems, including frequency bands used; (3) steps to be taken to relocate current spectrum uses from eligible frequencies; (4) necessary NTIA interactions; (5) authorized commercial licensee negotiator; (6) plans and timelines for equipment procurement, field-testing, and additional personnel; and (7) relocation process risk factors. Directs the FCC and the NTIA to jointly establish any necessary applicable conditions to define the term "shared access," including methods of sharing spectrum resources and coordination between federal and nonfederal entities (commercial licensees, and/or sharing network infrastructure or other resources). Requires the federal entities, to the fullest extent possible, to provide for sharing and coordination of eligible frequencies with commercial licensees. Requires federal entities to complete spectrum relocation within one year of receiving relocation payments. Sets forth a process for a federal entity to complete such relocation according to an approved alternative time period.

A bill to clarify the rights and responsibilities of Federal entities in the spectrum relocation process, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Green Transportation Infrastructure through Research and Development Act''. SEC. 2. OFFICE OF CLIMATE CHANGE AND ENVIRONMENT. Section 102(g) of title 49, United States Code, is amended-- (1) in paragraph (1) in the matter preceding subparagraph (A), by striking ``Department'' and inserting ``Research and Innovative Technology Administration in the Department''; (2) by redesignating paragraph (2) as paragraph (7); (3) by inserting after paragraph (1) the following new paragraphs: ``(2) Impact reduction research activities.-- ``(A) In general.--The Office established under paragraph (1) shall fund or coordinate research, development, and technology transfer activities focused on-- ``(i) reducing vehicle miles traveled; ``(ii) reducing congestion; ``(iii) reducing construction and maintenance-related emissions and energy consumption; and ``(iv) in coordination with the Environmental Protection Agency and the Department of Energy, assessing consumer acceptance of and infrastructure needs for alternative fuels and improved vehicle technology and other strategies to reduce greenhouse gas emissions and conserve energy arising from surface transportation infrastructure, operation, and use. ``(B) Activities.--Research activities shall include the following: ``(i) Assessments of the impact, cost- effectiveness, and collateral benefits of emissions and energy reduction strategies. ``(ii) The development of technologies, tools, and techniques to reduce emissions and energy consumption throughout the life-cycle of transportation infrastructure. ``(iii) Congestion reduction and speed management strategies. ``(iv) Assessments of the impact of land use change on surface emissions and other factors, such as congestion, mobility, and accessibility, and barriers to land use change. ``(v) Infrastructure requirements for alternative fuels and vehicles. ``(vi) Traveler behaviors with respect to mode-choice, response to transportation pricing scheme, nonmotorized travel, and other emissions reducing strategies. ``(vii) Emissions and energy reduction strategies for freight transportation, including mode shifts, freight infrastructure projects, and the effects of land use on freight movement. ``(3) Adaptation.--The Office shall fund or coordinate research on the impacts of climate change on surface transportation infrastructure to understand and assess how climate change and variability may affect transportation operation and infrastructure. ``(4) Assessment.-- ``(A) In general.--The Office shall assess current and historical surface transportation infrastructure and fuel demand management strategies that have been implemented at the local, State, and national levels for their social, economic, and environmental costs and benefits. ``(B) Public accessibility.--The results of such assessments shall be made publicly available through the Web site of the Research and Innovative Technology Administration in the Department. ``(5) Modeling.--The Office, in consultation with the Environmental Protection Agency and other Federal agencies, shall support the development of more accurate tools and models for quantifying mobile emissions and evaluating surface transportation emissions reductions strategies. The tools and models shall incorporate such factors as-- ``(A) vehicle speed; ``(B) traffic flow; ``(C) land use; ``(D) nonmotorized travel; ``(E) transit use; ``(F) traveler behavior; and ``(G) commercial traffic and freight movement. ``(6) Public accessibility.--The results of the research and development carried out under this subsection shall be made publicly available to national, State, and local transportation planners and decisionmakers.''. SEC. 3. REGIONAL GREEN TRANSPORTATION RESEARCH CENTERS. (a) Establishment.--Subchapter I of chapter 55 of title 49, United States Code, is amended by inserting after section 5505 the following new section: ``SEC. 5505A. REGIONAL GREEN TRANSPORTATION RESEARCH CENTERS. ``(a) Green Transportation Infrastructure Research and Technology Transfer.--The Administrator of the Research and Innovative Technology Administration of the Department of Transportation shall make grants to institutions of higher education or consortia thereof to establish and operate university transportation centers to carry out research, development, and technology transfer activities in the field of green transportation infrastructure. ``(b) Objectives.--The purpose of centers established pursuant to this section shall be to-- ``(1) generate innovative and cost-effective approaches to mitigating environmental impacts throughout the lifecycle of transportation infrastructure; ``(2) develop holistic approaches to integrating green infrastructure into existing wastewater management systems; ``(3) promote adoption of innovative green transportation infrastructure systems by State and local governments and the private sector; and ``(4) manage technology transfer programs to disseminate information on best management practices in the area of green transportation infrastructure to State and local governments and the private sector. ``(c) Selection of Grant Recipients.-- ``(1) Applications.--In order to be eligible to receive a grant under this section, a nonprofit institution of higher learning or consortia thereof shall submit to the Administrator an application that is in such form and contains such information as the Administrator may require. ``(2) Regional centers.--To the greatest extent practicable, the Administrator shall ensure that there is at least one grant recipient from each of the 10 United States Government regions that comprise the Standard Federal Regional Boundary System. ``(3) Selection criteria.--Except as otherwise provided by this section, the Administrator shall select each recipient of a grant under this section through a merit-reviewed competitive process on the basis of the following: ``(A) Demonstrated expertise in transportation research and environmental impacts of transportation infrastructure. ``(B) Demonstrated research capacity and technology transfer resources. ``(C) Existing or proposed partnerships with State and local governments and private industry involved in transportation-related construction, environmental impact mitigation, or other areas related to green transportation infrastructure research. ``(D) Capability to provide leadership in developing national best management practices, regional best management practices, or both in the field of green transportation infrastructure. ``(E) Expertise in specific regional climate characteristics which impact the effectiveness of green transportation infrastructure technologies and practices. ``(F) Demonstrated ability to disseminate results of research and education programs through a statewide or regionwide continuing education program. ``(G) The strategic plan the recipient proposes to carry out under the grant. ``(d) Activities.--The types of activities the Administrator may support under this section include the following: ``(1) Research and development of innovative technologies, construction techniques, or best management processes that mitigate the environmental impact of transportation infrastructure, including-- ``(A) assessments of the life-cycle environmental impact of local existing or planned transportation infrastructure; ``(B) integration of green transportation infrastructure elements into existing transportation or waste management systems; and ``(C) research, development, testing, and evaluation of new technologies or best management practices. ``(2) Establishment and operation of a regional technology transfer program to disseminate information on new technologies and best management practices to State and local governments, institutions of higher education, and private industry in the region. ``(3) Study of the impact of State, local, and Federal regulations on the implementation of green transportation infrastructure technologies and practices. These studies shall include collaboration with appropriate Federal agencies to evaluate the effect of and possible changes to Federal and State regulations that impede implementation of green transportation infrastructure. ``(4) Public education efforts to raise awareness of green transportation infrastructure technologies, including activities to raise awareness and foster collaboration among regional governments, private industry, and other public and private stakeholders. ``(e) Annual Meeting.--The Administrator shall convene an annual meeting of the Centers established pursuant to this section in order to foster collaboration and communication among Center participants and disseminate best management practices. ``(f) Definition.--In this section, the term `green transportation infrastructure' includes infrastructure that-- ``(1) preserves and restores natural processes, landforms (such as flood plains), natural vegetated streamside buffers, wetlands, or other topographical features that can slow, filter, and naturally store stormwater runoff and floodwaters for future water supply and recharge of natural aquifers; ``(2) utilizes natural design techniques that infiltrate, filter, store, evaporate, and detain water close to its source; ``(3) minimizes the use of impervious surfaces in order to slow or infiltrate precipitation; ``(4) minimizes life-cycle energy consumption, including during construction, maintenance, use by vehicles, and destruction and recycling; and ``(5) minimizes life-cycle air pollution.''. (b) Conforming Amendment.--The table of sections for such subchapter is amended by inserting after the item relating to section 5505 the following new item: ``5505A. Regional Green Transportation Research Centers.''. SEC. 4. PAVEMENT RESEARCH, TECHNOLOGY TRANSFER, AND EDUCATION PROGRAM. (a) Establishment.--The Administrator of the Research and Innovative Technology Administration of the Department of Transportation shall, in consultation with appropriate Department modal agencies, establish a pavement research, deployment, and education program (in this section referred to as the ``Program''). (b) Purpose.--The purpose of the Program shall be to-- (1) address the need to advance pavement research; and (2) coordinate technology transfer efforts related to paving materials. (c) Function.--The Program, in coordination with Department modal agencies, shall provide funding to university transportation centers established under section 5506 of title 49, United States Code, and other institutions of higher education to conduct research, development, and technology transfer activities about paving materials and practices. (d) Activities.--Activities carried out by the Program shall include-- (1) research and development of innovative technologies and techniques to reduce the cost and environmental impact of paving materials and practices, including research on-- (A) paving materials with improved durability; (B) methods that decrease the energy use in, and emissions resulting from, paving practices; (C) paving materials that decrease environmental impact; (D) methods to decrease the overall life-cycle cost of paving materials and practices; (E) construction techniques to increase safety and reduce construction time and traffic disruption and congestion; (F) pavement evaluation technologies and techniques; and (G) paving materials utilizing more recycled and locally available natural material; (2) effective technology transfer, including efforts on-- (A) identifying and addressing barriers to implementation for developed paving materials and practices; and (B) addressing the data needs of stakeholders by developing independent studies and assessments on topics, including-- (i) durability of paving technologies; (ii) emissions from construction practices; (iii) life-cycle cost-effectiveness of paving materials and strategies; and (iv) environmental impact of paving technologies; and (3) establishing grants to institutions of higher education to develop training and education programs for workforce professionals in the areas of paving materials and practices. (e) Report.--Not later than 6 months after the date of enactment of this Act, the Administrator shall submit a report to the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the results of the long-term pavement performance program and how the Department intends to organize, maintain, and utilize the database.

Promoting Green Transportation Infrastructure through Research and Development Act - Moves the Office of Climate Change and Environment into the Research and Innovative Technology Administration (RITA) of the Department of Transportation (DOT) and requires it to coordinate research, development, and technology transfer activities: (1) that focus on transportation-related emissions and energy reduction strategies, and (2) on the impacts of climate change on surface transportation infrastructure. Revises the surface transportation, research, development, and technology program to direct the Administrator of RITA to make grants to institutions of higher education (including consortia) to establish regional university transportation centers (UTCs) to carry out research, development, and technology transfer activities in the field of green transportation infrastructure (i.e., infrastructure that preserves and restores natural processes, utilizes natural design techniques, and minimizes energy consumption and pollution). Directs the Administrator to establish a pavement research, deployment, and education program.

To promote green transportation infrastructure through research and development, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Greater Middle East and Central Asia Development Act of 2004''. SEC. 2. PURPOSE. The purpose of this Act is to authorize assistance for political freedom and economic development, particularly through private sector development, in the Greater Middle East and Central Asia, including contributions to and participation in 3 new entities: a Trust for Democracy, a Development Foundation, and a Development Bank. SEC. 3. FINDINGS. Congress makes the following findings: (1) The terrorist attacks of September 11, 2001, signaled a turning point in United States foreign policy. (2) Al Qaeda and affiliated groups have established a terrorist network with linkages in Afghanistan, Pakistan, throughout the Greater Middle East and Central Asia, and around the world. (3) The war on terrorism requires that the United States consider the Greater Middle East and Central Asia as a strategic region with its own political, economic, and security dynamics. (4) While rich in cultural, geographic, and language diversity, the Greater Middle East and Central Asia face common impediments to economic development and political freedom. (5) Although poverty and economic underdevelopment do not alone cause terrorism, the expansion of economic growth, free trade, and private sector development can contribute to an environment that undercuts radical political tendencies that give rise to terrorism. (6) Given the relationship between economic and political development and winning the global war on terror, America's support for freedom in the Greater Middle East and Central Asia must be matched with expanded and new programs of partnership with the people and governments of the region to promote good governance, political freedom, private sector development, and more open economies. (7) The United States and other donors should support those citizens of the Greater Middle East and Central Asia who share our desire to undertake reforms that result in more open political and economic systems. (8) Turkey, which should be supported in its aspirations for membership in the European Union, plays a pivotal and unique role in efforts to bring economic development and stability to the Greater Middle East and Central Asia. (9) The President should seek new mechanisms to work together with European and other nations, as well as with the countries of the Greater Middle East and Central Asia to promote political and economic development in the Greater Middle East and Central Asia. (10) Because the dynamics of the Greater Middle East and Central Asia have a serious impact on global security, the North Atlantic Treaty Organization (NATO) should now shift its strategic focus to the region, including expanded roles in Iraq, Afghanistan, and the Mediterranean. SEC. 4. DEFINITION; SPECIAL RULE. (a) Greater Middle East and Central Asia Defined.--In this Act, the term ``Greater Middle East and Central Asia'' means the 22 members of the Arab League (Algeria, Bahrain, Comoros, Djibouti, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, the Palestinian Authority, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen), Afghanistan, Iran, Israel, Kazakhstan, Kyrgyzstan, Pakistan, Tajikistan, Turkey, Turkmenistan, and Uzbekistan. (b) Special Rule.--A country listed in subsection (a) may not receive assistance under this Act if such country is identified as a country supporting international terrorism pursuant to section 6(j)(1)(A) of the Export Administration Act of 1979 (as in effect pursuant to the International Emergency Economic Powers Act; 50 U.S.C. 1701 et seq.), section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or any other provision of law. SEC. 5. AUTHORIZATION OF ASSISTANCE. Notwithstanding any other provision of law, the President is authorized to provide assistance to the Greater Middle East and Central Asia for the purpose of promoting economic and political freedoms, free trade, and private sector development, including the programs described in the following paragraphs: (1) United states contribution to and membership in a greater middle east and central asia development bank.--The President is authorized to work with other donors and representatives from the Greater Middle East and Central Asia to establish a Greater Middle East and Central Asia Development Bank to promote private sector development, trade, including intra-regional trade, and investment in the Greater Middle East and Central Asia. (2) Creation of a greater middle east and central asia development foundation.--The President is authorized to work with other donors and representatives from the Greater Middle East and Central Asia to establish a multilateral Greater Middle East and Central Asia Development Foundation to assist in the administration and implementation of assistance programs, including public-private programs, pursuant to this Act, with specific emphasis on programs at the grass-roots level, to include volunteer-based organizations and other nongovernmental organizations that support private sector development, entrepreneurship, and development of small- and medium-size enterprises and exchanges. (3) Creation of trust for democracy.--The President is authorized to establish, together with other donors and private sector and nongovernmental leaders from the Greater Middle East and Central Asia, a multilateral, public-private Trust for Democracy to support grass-roots development of civil society, democratic reform, good governance practices, and rule of law reform in the Greater Middle East and Central Asia. Private foundations shall be encouraged to participate in the Trust through the provision of matching funds. SEC. 6. SENSE OF CONGRESS REGARDING COORDINATION OF ASSISTANCE TO THE GREATER MIDDLE EAST AND CENTRAL ASIA. Recognizing the importance of coordination of assistance to the Greater Middle East and Central Asia, and the strategic imperatives required by the war on terrorism, it is the sense of Congress that-- (1) the Secretary of State and the heads of other relevant Government agencies should consider new approaches to the coordination of the provision of political and economic support for the Greater Middle East and Central Asia; and (2) the Secretary of State should consider appointing a Coordinator for Assistance to the Greater Middle East and Central Asia. SEC. 7. PROGRAM REPORTS. (a) Requirement for Reports.--Beginning on January 31, 2005, and annually thereafter, the President shall submit to Congress a report on the progress of the Greater Middle East and Central Asia, the Greater Middle East and Central Asia Development Bank, the Greater Middle East and Central Asia Development Foundation, and the Trust for Democracy in developing more open political and economic systems and the degree to which United States assistance has been effective at promoting these changes. (b) Content.--The reports required by subsection (a) shall include general information regarding such progress and specific information on the progress of each of the Greater Middle East and Central Asia Development Bank, the Greater Middle East and Central Asia Development Foundation, and the Trust for Democracy in-- (1) encouraging entrepreneurial development and supporting growth of small- and medium-size enterprises in the Greater Middle East and Central Asia; (2) promoting private sector development, democratic political reform, good governance building, rule of law reform, and other appropriate goals in the Greater Middle East and Central Asia; (3) fostering intra-regional trade and investment by United States businesses and financial institutions in the Greater Middle East and Central Asia; (4) developing public-private partnerships to carry out the purpose of this Act; and (5) encouraging the involvement of the Greater Middle East and Central Asia, and other donors in each institution. SEC. 8. ENTERPRISE FUNDS REPORTS TO CONGRESS. Not later than 1 year after the date of enactment of this Act, the President shall submit to Congress a comprehensive report evaluating the appropriateness of the establishment of enterprise funds in the Greater Middle East and Central Asia. The report shall evaluate whether and to what extent enterprise funds might be an effective mechanism for promoting economic reform and investment in the Greater Middle East and Central Asia. SEC. 9. REPORT ON COORDINATION OF ASSISTANCE TO THE GREATER MIDDLE EAST AND CENTRAL ASIA. Not later than 1 year after the date of enactment of this Act, the President shall submit to Congress a report that describes the measures that have been employed, and the measures that are planned to be employed, to improve the coordination within the Department of State and among the heads of the relevant Government agencies of the provision of support to the Greater Middle East and Central Asia. SEC. 10. NOTIFICATIONS TO CONGRESS REGARDING ASSISTANCE. Section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394- 1) (relating to reprogramming notifications) shall apply with respect to obligations of funds made available to carry out this Act. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--In addition to funds otherwise available for such purpose and for the countries to which this Act applies, there are authorized to be appropriated to the Department of State to carry out the provisions of this Act, $1,000,000,000 for each of the fiscal years 2005 through 2009. (b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) shall remain available until expended.

Greater Middle East and Central Asia Development Act of 2004 - Authorizes the President to provide assistance to countries (excluding those countries supporting international terrorism) in the Greater Middle East and Central Asia to promote economic and political freedoms, free trade, and private sector development, including working with other donors and the countries of the Greater Middle East and Central Asia to establish: (1) a Greater Middle East and Central Asia Development Bank to promote private sector development, trade, including intra-regional trade, and investment in the Greater Middle East and Central Asia; (2) a multilateral Greater Middle East and Central Asia Development Foundation to assist in the administration and implementation of assistance programs, including public-private programs, with emphasis on programs at the grass-roots level; and (3) a multilateral, public-private Trust for Democracy to support grass-roots development of civil society, democratic reform, good governance practices, and rule of law reform in the Greater Middle East and Central Asia. Defines "Greater Middle East and Central Asia'' as the 22 nations of the Arab world (Algeria, Bahrain, Comoros, Djibouti, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, Palestine/West Bank/Gaza, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen), Afghanistan, Iran, Israel, Kazakhstan, Kyrgyzstan, Pakistan, Tajikistan, Turkey, Turkmenistan, and Uzbekistan. Expresses the sense of Congress that: (1) the Secretary of State and the heads of other Government agencies should consider new approaches for the coordination of political and economic support for the countries of the Greater Middle East and Central Asia; and (2) the Secretary should consider appointing a Coordinator for Assistance to the Greater Middle East and Central Asia. Amends the Foreign Assistance Act of 1961 to require congressional notification of fund obligations under this Act.

A bill to authorize programs that support economic and political development in the Greater Middle East and Central Asia and support for three new multilateral institutions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguard the Vote Act''. SEC. 2. MAIL REGISTRATION. (a) Requirement for First-Time Voters To Present Identification.-- Section 6(c)(1) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4(c)(1)) is amended by striking ``a State may by law require a person to vote in person if'' and inserting ``a State shall by law require a person to vote in person and present a picture identification if''. (b) Removal of Voters in Response to Undelivered Notices.-- (1) In general.--Section 6(d) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4(d)) is amended by striking ``may proceed'' and all that follows through the end and inserting the following: ``shall-- ``(1) proceed in accordance with section 8(d); or ``(2) if provided for under State law, remove the name of the registrant from the official list of eligible voters in elections for Federal office provided that reasonable safeguards are available to prevent the removal of an eligible voter.''. (2) Conforming amendments.-- (A) Section 8(a)(3)(C) of such Act (42 U.S.C. 1973gg-6(a)(3)(C)) is amended by inserting ``or section 6(d)(2)'' after ``paragraph (4)''. (B) Section 8(c)(2)(B) of such Act (42 U.S.C. 1973gg-6(c)(2)(B)) is amended by inserting ``or section 6(d)(2)'' after ``subsection (a)''. (c) Contents of Mail Voter Registration Form.--Section 9(b)(3) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7(b)(3)) is amended to read as follows: ``(3) may include a requirement for notarization or other formal authentication as each State may by law require; and''. SEC. 3. MAINTENANCE OF ACCURATE LIST OF ELIGIBLE VOTERS. (a) Required Voter Removal Program.--Section 8(a) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-(6)(a)) is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(7) conduct a program to determine whether the number of eligible voters in any jurisdiction is less than the number of eligible voters on the official list for such jurisdiction and, if such determination is made, remove the names of ineligible voters from such list in accordance with paragraph (4).''. (b) Identification Required.--Section 8(e) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(e)) is amended by adding at the end the following: ``(4) Any requirement under this section to make an oral or written affirmation regarding the address of a registrant shall include a requirement that such registrant present picture identification as part of such affirmation.''. (c) Notification of Felony Convictions.--Section 8(g) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(g)) is amended by adding at the end the following: ``(6) The Attorney General shall provide, upon request of any chief State election official, expedited access to applicable records regarding felony convictions of individuals in order to determine if an individual is eligible to vote under any applicable State law.''. (d) Additional Penalty for Conspiracy.--Section 12(2) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-(10)(2)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``process, by'' and inserting ``process''; (2) in subparagraph (A), by inserting ``or knowingly and willfully conspires with another person to deprive, defraud, or attempt to deprive or defraud the residents of a State of a fair and impartially conducted election process, by'' before ``the procurement''; and (3) in subparagraph (B), by inserting ``by'' before ``the procurement''. SEC. 4. PENALTIES UNDER VOTING RIGHTS ACT. (a) Increased Penalties.--Subsections (c) and (e)(1) of section 11 of the Voting Rights Act of 1965 (42 U.S.C. 1973i) are each amended by striking ``$10,000'' and inserting ``$30,000''. (b) Misrepresentation of Eligibility.--Section 11(c) of the Voting Rights Act of 1965 (42 U.S.C. 1973i(c)) is amended by inserting ``or gives false information as to the individual's status as a convicted felon'' after ``voting district''. SEC. 5. VOTER ROLL COORDINATION DEMONSTRATION PROJECT. (a) Demonstration Project Established.--The Federal Election Commission shall establish a demonstration project for the purpose of determining the feasibility and advisability of requiring coordination of the official list of registered voters and certain State records to ensure-- (1) such list is accurate; and (2) that eligible voters are not improperly removed from the official list. (b) Project.-- (1) In general.--The project conducted under this section shall require a State to maintain accurate records regarding individuals eligible to vote in the project area by coordinating-- (A) State records of-- (i) individuals registered to vote with respect to elections for Federal office through the appropriate State motor vehicle authority under section 5 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-3); (ii) deaths; and (iii) individuals convicted of a felony; with (B) the official list of the appropriate jurisdiction of individuals registered, and otherwise eligible, to vote in such elections. (2) Study.--In conjunction with the demonstration project under this subsection, the Federal Election Commission shall conduct a study of-- (A) the current practices and methods of voting jurisdictions used to maintain official lists of registered voters; and (B) reasons for any failure of such practices and methods to prevent voting fraud or inaccurate lists. (c) Project Area and Duration.-- (1) Project area.--The Federal Election Commission shall implement the project in the voting jurisdictions of St. Louis County, Missouri, and St. Louis City, Missouri. (2) Duration.--The project conducted under this section shall be implemented for a period ending on the date of the next general election for the office of President and Vice President. (d) Report.--Not later than 1 year after the completion of the demonstration project, the Federal Election Commission shall submit a report to Congress on the demonstration project and study conducted under subsection (b) together with such recommendations as the Federal Election Commission determines appropriate-- (1) regarding resources, technology, and personnel necessary for maintenance of accurate records; and (2) legislative and administrative action, including the feasibility of national standards. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.

Safeguard the Vote Act - Amends the National Voter Registration Act of 1993 to modify requirements for mail voter registration and maintenance of accurate lists of eligible voters.Amends the Voting Rights Act of 1965 with respect to increased penalties and misrepresentation of voter eligibility.Directs the Federal Election Commission to establish a demonstration project for the purpose of determining the feasibility and advisability of requiring coordination of the official list of registered voters and certain State records to ensure such list is accurate and that eligible voters are not improperly removed from the official list.

A bill to amend the National Voter Registration Act of 1993 to modify the requirements for voter mail registration and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transition to Adulthood Program Act of 1999''. SEC. 2. TRANSITION OF FOSTER CHILDREN TO SELF-SUFFICIENCY. (a) In General.--Section 472 of the Social Security Act (42 U.S.C. 672) is amended by adding at the end the following: ``(i) Each State with a plan approved under this part may make foster care maintenance payments (as defined in section 475(4)) under this part with respect to a child who has not attained 21 years of age and who would otherwise be ineligible for such payments by reason of age, but only if the child-- ``(1) is-- ``(A) in the process of completing secondary education; ``(B) enrolled in an institution that provides postsecondary education or vocational training; or ``(C) employed for at least 80 hours per month; and ``(2) has a case plan which includes a specific plan for how the child will achieve independent living, and which provides for the child to reside in a setting that promotes personal responsibility and encourages self-sufficiency.''. (b) Provision of Nonresidential Services To Assist in the Transition to Independent Adult Living.--Section 475(4)(A) of such Act (42 U.S.C. 675(4)(A)) is amended by adding at the end the following: ``In the case of a child described in section 472(i), such term shall also include payments with respect to the child for programs designed to promote the education, training, or employment of the child.''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 1999. SEC. 3. QUALIFIED FORMER FOSTER CARE RECIPIENTS ESTABLISHED AS A TARGETED GROUP FOR PURPOSES OF COMPUTING THE WORK OPPORTUNITY CREDIT FOR EMPLOYMENT OF CERTAIN NEW EMPLOYEES. (a) General Rule.--Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 (relating to members of targeted groups) is amended by striking ``or'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(I) a qualified former foster care recipient.''. (b) Qualified Former Foster Care Recipient Defined.--Section 51(d) of such Code (relating to members of targeted groups) is amended by redesignating paragraphs (10), (11), and (12) as paragraphs (11), (12), and (13), respectively, and by inserting after paragraph (9) the following new paragraph: ``(10) Qualified former foster care recipient--The term `qualified former foster care recipient' means an individual who is certified by the local designated agency as-- ``(A) having attained age 18 but not age 25 on the hiring date, and ``(B) on the day before attaining age 18 being either-- ``(i) a recipient of foster care maintenance payments under a State plan approved under part E of title IV of the Social Security Act, or ``(ii) in the case of any individual not described in clause (i), in foster care under the responsibility of a State.''. (c) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 1999. SEC. 4. INCREASE IN AMOUNT OF ASSETS ALLOWABLE FOR CHILDREN IN FOSTER CARE. Section 472(a) of the Social Security Act (42 U.S.C. 672(a)) is amended by adding at the end the following: ``In determining whether a child would have received aid under a State plan approved under section 402 (as in effect on July 16, 1996), a child whose resources (determined pursuant to section 402(a)(7)(B), as so in effect) have a combined value of not more than $10,000 shall be considered to be a child whose resources have a combined value of not more than $1,000 (or such lower amount as the State may determine for purposes of such section 402(a)(7)(B)).''. SEC. 5. INTERAGENCY COLLABORATION TO PROMOTE SELF-SUFFICIENCY OF CHILDREN AGING OUT OF FOSTER CARE. The Secretary of Health and Human Services shall establish an action plan to promote collaboration between programs of the Department of Health and Human Services and programs of other Federal agencies, including housing programs, educational programs, and employment programs, for the purpose of promoting the self-sufficiency of children aging out of foster care. SEC. 6. UPDATING OF FUNDING FORMULA FOR THE FOSTER CARE INDEPENDENT LIVING INITIATIVES PROGRAM. (a) Use of Updated Foster Care Data.--Section 477(e)(1) of the Social Security Act (42 U.S.C. 677(e)(1)) is amended by striking all that precedes subparagraph (C) and inserting the following: ``(e)(1)(A) The basic amount for a State for a fiscal year shall be an amount which bears the same ratio to the basic ceiling for the fiscal year as the State's average number of children receiving foster care maintenance payments under this part in fiscal year 1996 bears to the total of the average number of children receiving such payments under this part for all States for fiscal year 1996. ``(B) The maximum additional amount for a State for a fiscal year shall be an amount which bears the same ratio to the additional ceiling for the fiscal year as the basic amount for the State for the fiscal year bears to $58,000,000.''. (b) Funding Increase.--Section 477(e)(1)(C)(i) of such Act (42 U.S.C. 677(e)(1)(C)(i)) is amended to read as follows: ``(i) The term `basic ceiling' means $58,000,000 for fiscal year 2000 and each succeeding fiscal year.''. (c) Hold Harmless Provision.--Section 474(a)(4) of such Act (42 U.S.C. 674(a)(4)) is amended to read as follows: ``(4) an amount equal to the greater of-- ``(A) the sum of-- ``(i) so much of the amounts expended by the State to carry out programs under section 477 as do not exceed the basic amount for the State for the fiscal year, as determined under section 477(e)(1)(A); and ``(ii) the lesser of-- ``(I) one-half of any additional amounts expended by the State for such programs; or ``(II) the maximum additional amount for the State for the fiscal year, as determined under section 477(e)(1)(B); or ``(B) the total amount required to be paid to the State under this paragraph (as in effect on September 30, 1999) for fiscal year 1999.''. (d) Effective Date.--The amendments made by this section shall take effect on October 1, 1999.

Transition to Adulthood Program Act of 1999 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act and the Internal Revenue Code with regard to the transition of foster children to self-sufficiency, including the provision of nonresidential services to assist in such transition, making respective changes chiefly: (1) allowing States with approved part E plans to make foster care maintenance payments with respect to a child who has not attained age 21 who would otherwise be ineligible for such payments because of age if the child is completing secondary education, is enrolled in an institution that provides postsecondary education or vocational training, or is employed for at least 80 hours per month, and has a case plan providing for the child's achievement of independent living and residence in a setting that promotes personal responsibility; and (2) expanding the work opportunity tax credit to include certain individuals who, on the day before before attaining age 18, received foster care maintenance payments under an approved State part E plan or were in foster care under the responsibility of the State. Provides for an increase in the amount of assets allowable for children in foster care under SSA title IV part E. Directs the Secretary of Health and Human Services (HHS) to establish an action plan to promote collaboration between HHS and other Federal programs to promote the self-sufficiency of children aging out of foster care. Provides, with respect to the independent living initiatives program under SSA title IV part E, for: (1) the use of updated foster care data in the funding formula for determining the basic amount for such program for a State for a fiscal year (while removing State entitlement to such basic amount under State plan provisions); and (2) a funding increase under such program.

Transition to Adulthood Program Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Firearm Straw Purchasing and Trafficking Prevention Act''. SEC. 2. STRAW PURCHASING OF FIREARMS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 932. Straw purchasing of firearms ``(a) Definitions.--For purposes of this section-- ``(1) the term `crime of violence' has the meaning given that term in section 924(c)(3); ``(2) the term `drug trafficking crime' has the meaning given that term in section 924(c)(2); and ``(3) the term `Federal crime of terrorism' has the meaning given that term in section 2332b(g). ``(b) Offense.--It shall be unlawful for any person to-- ``(1) purchase or otherwise obtain a firearm, which has been shipped, transported, or received in interstate or foreign commerce, for or on behalf of any other person who the person purchasing or otherwise obtaining the firearm knows-- ``(A) is prohibited from possessing or receiving a firearm under subsection (g) or (n) of section 922; ``(B) intends to use, carry, possess, or sell or otherwise dispose of the firearm in furtherance of a crime of violence, a drug trafficking crime, or a Federal crime of terrorism; ``(C) intends to engage in conduct that would constitute a crime of violence, a drug trafficking crime, or a Federal crime of terrorism if the conduct had occurred within the United States; or ``(D) is not a resident of any State and is not a citizen or lawful permanent resident of the United States; or ``(2) willfully procure another to engage in conduct described in paragraph (1). ``(c) Penalty.--Any person who violates subsection (b) shall be fined under this title, imprisoned not more than 15 years, or both. ``Sec. 933. Trafficking in firearms ``(a) Definitions.--For purposes of this section-- ``(1) the term `crime of violence' has the meaning given that term in section 924(c)(3); ``(2) the term `drug trafficking crime' has the meaning given that term in section 924(c)(2); and ``(3) the term `Federal crime of terrorism' has the meaning given that term in section 2332b(g). ``(b) Offense.--It shall be unlawful for any person to-- ``(1) ship, transport, transfer, or otherwise dispose of 2 or more firearms to another person in or otherwise affecting interstate or foreign commerce, if the person shipping, transporting, transferring, or otherwise disposing of the firearms knows that the use, carrying, or possession of a firearm by the transferee would violate subsection (g) or (n) of section 922, or constitute a crime of violence, a drug trafficking crime, or a Federal crime of terrorism; ``(2) receive from another person 2 or more firearms in or otherwise affecting interstate or foreign commerce, if the recipient-- ``(A) knows that such receipt would violate subsection (g) or (n) of section 922; or ``(B) intends to use the firearm in furtherance of a crime of violence, a drug trafficking crime, or a Federal crime of terrorism; or ``(3) attempt or conspire to commit the conduct described in paragraph (1) or (2). ``(c) Penalties.-- ``(1) In general.--Any person who violates subsection (b) shall be fined under this title, imprisoned not more than 15 years, or both. ``(2) Organizer.--If a violation of subsection (b) is committed by a person acting in concert with other persons as an organizer, leader, supervisor, or manager, the person shall be fined under this title, imprisoned not more than 20 years, or both.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 931 the following: ``932. Straw purchasing of firearms. ``933. Trafficking in firearms.''. (c) Directive to the Sentencing Commission.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend its guidelines and policy statements to ensure that persons convicted of an offense under section 932 or 933 of title 18, United States Code, and other offenses applicable to the straw purchases and firearms trafficking of firearms are subject to increased penalties in comparison to those currently provided by the guidelines and policy statements for such straw purchasing and firearms trafficking offenses. In its review, the Commission shall consider, in particular, an appropriate amendment to reflect the intent of Congress that straw purchasers without significant criminal histories receive sentences that are sufficient to deter participation in such activities. The Commission shall also review and amend its guidelines and policy statements to reflect the intent of Congress that a person convicted of an offense under section 932 or 933 of title 18, United States Code, who is affiliated with a gang, cartel, organized crime ring, or other such enterprise should be subject to higher penalties than an otherwise unaffiliated individual. SEC. 3. INCREASED PENALTIES FOR LYING AND BUYING. Section 924(a)(1) of title 18, United States Code, is amended in the undesignated matter following subparagraph (D) by striking ``five years'' and inserting the following: ``5 years (or, in the case of a violation under subparagraph (A), not more than 10 years)''. SEC. 4. AMENDMENTS TO SECTION 924(H). Section 924 of title 18, United States Code, is amended by striking subsection (h) and inserting the following: ``(h) Whoever knowingly receives or transfers a firearm or ammunition, or attempts or conspires to do so, knowing that such firearm or ammunition will be used to commit a crime of violence (as defined in subsection (c)(3)), a drug trafficking crime (as defined in subsection (c)(2)), a Federal crime of terrorism (as defined in section 2332b(g)), or a crime under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), or the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.), shall be imprisoned not more than 15 years, fined in accordance with this title, or both.''. SEC. 5. AMENDMENTS TO SECTION 924(A). Section 924(a) of title 18, United States Code, is amended-- (1) in paragraph (2), by striking ``(d), (g),''; and (2) by adding at the end the following: ``(8) Whoever knowingly violates subsection (d), (g), or (n) of section 922 shall be fined under this title, imprisoned not more than 15 years, or both.''. SEC. 6. AMENDMENTS TO SECTION 924(K). Section 924 of title 18, United States Code, is amended by striking subsection (k) and inserting the following: ``(k)(1) A person who, with intent to engage in or promote conduct that-- ``(A) is punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46; ``(B) violates any law of a State relating to any controlled substance (as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802); ``(C) constitutes a crime of violence (as defined in subsection (c)(3)); or ``(D) constitutes a Federal crime of terrorism (as defined in section 2332b(g)), smuggles or knowingly brings into the United States, a firearm or ammunition, or attempts or conspires to do so, shall be imprisoned not more than 15 years, fined under this title, or both. ``(2) A person who, with intent to engage in or to promote conduct that-- ``(A) would be punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46, if the conduct had occurred within the United States; or ``(B) would constitute a crime of violence (as defined in subsection (c)(3)) or a Federal crime of terrorism (as defined in section 2332b(g)) for which the person may be prosecuted in a court of the United States, if the conduct had occurred within the United States, smuggles or knowingly takes out of the United States, a firearm or ammunition, or attempts or conspires to do so, shall be imprisoned not more than 15 years, fined under this title, or both.''.

Firearm Straw Purchasing and Trafficking Prevention Act - Amends the federal criminal code to prohibit purchasing or otherwise obtaining a firearm that has been shipped, transported, or received in interstate or foreign commerce for or on behalf of any other person who the purchaser knows: (1) is prohibited from possessing or receiving a firearm; (2) intends to use, carry, possess, sell, or otherwise dispose of the firearm in furtherance of a crime of violence, a drug trafficking crime, or a federal crime of terrorism; (3) intends to engage in conduct that would constitute such a crime if the conduct occurred in the United States; or (4) is not a resident of any state and is not a citizen or lawful permanent resident of the United States. Prohibits willfully procuring another to engage in such conduct. Prohibits: (1) shipping, transporting, transferring, or otherwise disposing of two or more firearms to another person in or otherwise affecting interstate or foreign commerce knowing that the use, carrying, or possession of a firearm by the transferee is prohibited or would constitute a crime of violence, a drug trafficking crime, or a federal crime of terrorism; (2) receiving two or more firearms in or otherwise affecting interstate or foreign commerce if the recipient either knows such receipt is prohibited or intends to use the firearm in furtherance of such a crime; or (3) attempting or conspiring to commit such conduct. Sets penalties for violations, including enhanced penalties for acting in concert with another person as an organizer, leader, supervisor, or manager in such a transfer or receipt of firearms. Directs the U.S. Sentencing Commission to: (1) review and amend its guidelines and policy statements to ensure that persons convicted of such offenses and other offenses applicable to the straw purchases and trafficking of firearms are subject to increased penalties in comparison to those currently provided; (2) consider an appropriate amendment to reflect the intent of Congress that straw purchasers without significant criminal histories receive sentences that are sufficient to deter participation in such activities; and (3) review and amend its guidelines and policy statements to reflect the intent of Congress that a person convicted of such an offense who is affiliated with a gang, cartel, organized crime ring, or other such enterprise should be subject to higher penalties than an otherwise unaffiliated individual. Increases the maximum penalty for making false statements or representations with respect to firearms. Expands the scope of prohibitions against transferring a firearm knowing that it will be used to commit a crime of violence or drug trafficking crime to cover receiving or transferring a firearm or ammunition, attempting or conspiring to do so, and transferring a firearm or ammunition knowing that it will be used to commit a federal crime of terrorism or a crime under the Arms Export Control Act, the International Emergency Economic Powers Act, or the Foreign Narcotics Kingpin Designation Act. Increases the maximum term of imprisonment for such violations and for smuggling a firearm or ammunition into or out of the United States with intent to engage in or promote prohibited conduct.

Firearm Straw Purchasing and Trafficking Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``College Cost Reduction and Access Act Technical Amendments of 2007''. SEC. 2. FEDERAL PELL GRANTS. (a) Correction of Designation.-- (1) CCRAA amendment.--Section 101(a)(2) of the College Cost Reduction and Access Act (Public Law 110-84) is amended by striking ``paragraphs (4) through (9) as paragraphs (3) through (8)'' and inserting ``paragraphs (4) through (8) as paragraphs (3) through (7)''. (2) Redesignation.--Paragraph (9) of section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(9)), as added by section 102(b) of the College Cost Reduction and Access Act (Public Law 110-84), is redesignated as paragraph (8). (b) Revision of Availability Rule.--Paragraph (8) of section 401(b) of the Higher Education Act of 1965 (as redesignated by subsection (a)(2) of this section) is amended by striking subparagraph (F) and inserting the following: ``(F) Use of fiscal year funds for award years.-- The amounts made available by subparagraph (A) for any fiscal year shall remain available for the fiscal year succeeding the fiscal year for which such amounts are made available.''. SEC. 3. DEFINITION OF UNTAXED INCOME AND BENEFITS. (a) Amendment.--Section 480(b) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(b)) is amended by striking paragraph (2) and inserting the following: ``(2) The term `untaxed income and benefits' shall not include-- ``(A) the amount of additional child tax credit claimed for Federal income tax purposes; ``(B) welfare benefits, including assistance under a State program funded under part A of title IV of the Social Security Act and aid to dependent children; ``(C) the amount of earned income credit claimed for Federal income tax purposes; ``(D) the amount of credit for Federal tax on special fuels claimed for Federal income tax purposes; ``(E) the amount of foreign income excluded for purposes of Federal income taxes; or ``(F) untaxed social security benefits.''. (b) Effective Date.--This section and the amendment made by this section shall take effect on July 1, 2009. SEC. 4. DEFINITION OF INDEPENDENT STUDENT. (a) Amendment.--Section 480(d)(1) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(d)(1)) is amended by striking subparagraph (B) and inserting the following: ``(B) is an orphan, in foster care, or a ward of the court, or was an orphan, in foster care, or a ward of the court at any time when the individual was 13 years of age or older;''. (b) Effective Date.--This section and the amendment made by this section shall take effect on July 1, 2009. SEC. 5. INCOME-BASED REPAYMENT FOR MARRIED BORROWERS FILING SEPARATELY. Section 493C of the Higher Education Act of 1965 (20 U.S.C. 1098e) is amended by adding at the end the following: ``(d) Special Rule for Married Borrowers Filing Separately.--In the case of a married borrower who files a separate Federal income tax return, the Secretary shall calculate the amount of the borrower`s income-based repayment under this section solely on the basis of the borrower's student loan debt and adjusted gross income.''. SEC. 6. DEFERRAL OF LOAN REPAYMENT FOLLOWING ACTIVE DUTY. Section 493D(a) of the Higher Education Act of 1965 (20 U.S.C. 1098f(a)) is amended by inserting ``or full-time National Guard duty'' after ``is called or ordered to active duty''. SEC. 7. TEACH GRANTS. Subpart 9 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070g et seq.) is amended-- (1) in section 420L(1)(B), by striking ``sound'' and inserting ``responsible''; (2) in section 420M-- (A) by striking ``academic year'' each place it appears in subsections (a)(1) and (c)(1) and inserting ``year''; and (B) in subsection (c)(2)-- (i) by striking ``other student assistance'' and inserting ``other assistance the student may receive''; and (ii) by striking the second sentence. SEC. 8. REDESIGNATION AND RELOCATION. The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is further amended-- (1) by redesignating part J of title IV (as added by section 802 of the College Cost Reduction and Access Act (Public Law 110-84)) as part G of title III of the Higher Education Act of 1965, and moving such part from the end of title IV to the end of title III of such Act; and (2) by redesignating section 499A (as added by such section 802) as section 399A. Passed the House of Representatives November 13, 2007. Attest: LORRAINE C. MILLER, Clerk.

College Cost Reduction and Access Act Technical Amendments of 2007 - Makes technical changes to amendments the College Cost Reduction and Access Act (the Act) made to the Higher Education Act of 1965 (HEA). Ensures that mandatory Pell grant funding made available for any fiscal year by such Act remains available for the succeeding fiscal year (thus, for the full Pell grant award year). Specifies the untaxed income and benefits which the Act excluded from the list of untaxed income and benefits considered in federal student need analyses (thereby, specifically excluding them from such analyses). Clarifies that students who were orphans, wards of the court, or in foster care when they were 13 or older are independent for federal student aid purposes. Provides that, for married borrowers who file separate tax returns, income-based loan repayments under the HEA shall be determined solely on the basis of their individual student loan debt and adjusted gross income. Ensures that National Guard members who serve full-time are eligible for the student loan deferment the Act provides to other military personnel for 13 months after the conclusion of active duty service. Moves the Act's funding program for minority-serving institutions from title IV (Student Assistance) to title III (Institutional Aid) of the HEA.

To make certain technical corrections and transition amendments to the College Cost Reduction and Access Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on Reforming and Simplifying the Federal Tax Code Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``National Commission on Reforming and Simplifying the Federal Tax Code'' (hereafter in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall-- (1) conduct a study and investigation of the internal revenue laws of the United States; and (2) make recommendations to reform and simplify such laws. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of nine members, of whom-- (1) three members shall be appointed by the President; (2) two members shall be appointed by the Speaker of the House of Representatives; (3) one member shall be appointed by the minority leader of the House of Representatives; (4) two members shall be appointed by the majority leader of the Senate; and (5) one member shall be appointed by the minority leader of the Senate. The members of the Commission shall consist of individuals who are of recognized standing and distinction and who possess a demonstrated capacity to discharge the duties imposed on the Commission. At least one of the members shall be appointed from individuals representing the interests of small business employers, at least one of the members shall be appointed from individuals representing the interests of farmers, and at least one of the members shall be appointed from individuals representing the interests of self-employed persons. (b) Political Affiliation.--Not more than five members appointed under subsection (a) may be of the same political party. (c) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. (2) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Compensation.--Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (e) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (f) Quorum.--A quorum shall consist of five members of the Commission, except that three members may conduct a hearing under section 6. (g) Chairman; Vice Chairman.--At the time of the appointment-- (1) the Chairman of the Commission shall be designated by the President; and (2) the Vice Chairman of the Commission shall be designated by the President in consultation with the Speaker of the House of Representatives and the majority leader of the Senate. In the case of vacancy of the Chairmanship or Vice Chairmanship, another member of the Commission shall be appointed under paragraph (1) or (2), as the case may be. (h) Meetings.--The Commission shall meet at the call of the Chairman or a majority of its members. Meetings shall be held not less frequently than once in each calendar month which begins after a majority of the authorized membership of the Commission has first been appointed. SEC. 5. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Executive Director.--The Chairman shall appoint an executive director of the Commission. The executive director shall be paid the rate of basic pay for level V of the Executive Schedule. (b) Staff.--With the approval of the Commission, the executive director may appoint such personnel as the executive director considers appropriate. (c) Applicability of Civil Service Laws.--The staff of the Commission shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates). (d) Experts and Consultants.--With the approval of the Commission, the executive director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (e) Physical Facilities.--The Administrator of General Services shall locate suitable office space for the operation of the Commission. The facilities shall serve as the headquarters of the Commission and shall include all necessary equipment and incidentals required for the proper functioning of the Commission. (f) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.-- (1) In general.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairman of the Commission, the head of that department or agency shall furnish that information to the Commission. (2) Restriction on disclosure of return information to commission members.--No return, return information, or taxpayer return information, as defined in section 6103(b) of the Internal Revenue Code of 1986, may be disclosed to any member of the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter which the Commission is empowered to investigate by this Act. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (g) Immunity.--Except as provided in this subsection, a person may not be excused from testifying or from producing evidence pursuant to a subpoena on the ground that the testimony or evidence required by the subpoena may tend to incriminate or subject that person to criminal prosecution. A person, after having claimed the privilege against self- incrimination, may not be criminally prosecuted by reason of any transaction, matter, or thing which that person is compelled to testify about or produce evidence relating to, except that the person may be prosecuted for perjury committed during the testimony or made in the evidence. SEC. 7. REPORT. The Commission shall transmit a report to the President and the Congress not later than one year after the date on which all members of the Commission are first appointed. Such report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation as the Commission considers appropriate. SEC. 8. TERMINATION. The Commission shall terminate 30 days after submitting its report pursuant to section 7. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

National Commission on Reforming and Simplifying the Federal Tax Code Act - Establishes the National Commission on Reforming and Simplifying the Federal Tax Code to: (1) study and investigate the internal revenue laws of the United States; and (2) make recommendations to reform and simplify such laws. Requires a report to the President and the Congress. Terminates the Commission 30 days following the submission of its report. Authorizes appropriations.

National Commission on Reforming and Simplifying the Federal Tax Code Act

SECTION 1. SHORT TITLE. This Act may be cited as ``Distance Education and Online Learning Act of 2003''. SEC. 2. STUDENT ELIGIBILITY. Section 484(l)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(l)(1)) is amended-- (1) in subparagraph (A)-- (A) by striking ``in whole or in part'' and inserting ``predominantly''; (B) by striking ``of 1 year or longer''; and (C) by striking ``unless'' and all that follows through ``all courses at the institution''; and (2) by amending subparagraph (B) to read as follows: ``(B) Requirement.--An institution of higher education referred to in subparagraph (A) is an institution of higher education that is not an institution or school described in section 3(3)(C) of the Carl D. Perkins Vocational and Technical Education Act of 1998.''. SEC. 3. DEFINITION OF ELIGIBLE PROGRAM. Section 481(b) of the Higher Education Act of 1965 (20 U.S.C. 1088(b)) is amended by adding at the end the following: ``(3) Distance education programs.-- ``(A) In general.--A program that is offered predominantly through distance education methods and processes (other than correspondence courses) is an eligible program for purposes of this title if-- ``(i) the program was reviewed and approved by an accrediting agency or association that-- ``(I) is recognized by the Secretary under subpart 2 of part H; and ``(II) has evaluation of distance education programs within the scope of its recognition; and ``(ii) the institution offering the program complies with clause (i) or clause (ii) of subparagraph (B). ``(B) Additional criteria based on duration of certification.-- ``(i) Certified for at least 4 years.--An institution complies with this clause if the institution has been certified as eligible to participate in programs under this title for at least four years and-- ``(I) has not had its participation in programs under this title limited, suspended, or terminated within the preceding 5 years; ``(II) has not had or failed to resolve an audit finding or program review finding under this Act during the preceding 2 years that resulted in the institution being required to repay an amount that is greater than 5 percent of the total funds the institution received under the programs authorized by this title for any award year covered by the audit or program review; ``(III) has not been found by the Secretary during the preceding 5 years to be in material noncompliance with the provisions of this Act related to the submission of acceptable and timely audit reports required under this title; and ``(IV) is determined to be financially responsible under regulations promulgated by the Secretary pursuant to section 498(c). ``(ii) Certified for less than 4 years.--An institution complies with this clause if the institution has been certified as eligible to participate in programs under this title for less than four years, meets the requirements of clause (i), and-- ``(I) the institution has not been subject to any action to suspend, revoke, withdraw, or terminate its authority to operate by a state; ``(II) the institution has not been subject to any action to suspend, revoke, withdraw, or terminate its accreditation and has not been placed on probation or an equivalent status by a recognized accrediting agency; ``(III) neither the institution nor any person who exercises substantial control over the institution have been administratively or judicially determined to have committed fraud or any other material violation of law involving the use of federal, state or local government funds; and ``(IV) no person who exercises substantial control over the institution has been directly or indirectly affiliated with an institution that has lost or been denied accreditation, has lost or been denied authority to operate by a state, has lost or been denied eligibility to participate in programs authorized under this title, has filed for bankruptcy, or has closed owing a liability for a program requirement under this Act. ``(C) Consequences of withdrawl of approval.--If the accreditation agency or association withdraws approval of the program described in subparagraph (A)(i), or the institution fails to meet any of the requirements described in clause (i) or (ii) of subparagraph (B) (whichever is applicable), or both, then the program shall cease to be an eligible program at the end of the award year in which such withdrawal of approval or failure to meet such requirements occurs. The program shall not be an eligible program for any subsequent award year until the institution obtains such approval or corrects such failure, or both.''. SEC. 4. RECOGNITION OF ACCREDITING AGENCY OR ASSOCIATION. Section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b) is amended-- (1) in subsection (n)(3), by striking the last sentence and inserting the following: ``If the agency or association requests that the evaluation of institutions offering distance education programs be included within its scope of recognition, and demonstrates that the agency or association meets the requirements of subsection (p), then the Secretary shall include the accreditation of institutions offering distance education programs within the agency's or association's scope of recognition.''; and (2) by adding at the end the following: ``(p) Distance Education Programs.--An agency or association that seeks to evaluate the quality of institutions offering distance education programs within its scope of recognition shall, in addition to meeting the other requirements of this subpart, demonstrate to the Secretary that the agency or association assesses-- ``(1) measures of student achievement of students enrolled in distance education programs, including State licensing examination results, and success in preparing students for entry into and advancement in the work force; ``(2) measures of program completion and retention rates of students in distance education programs, including monitoring such rates throughout the accreditation period; ``(3) the preparation of faculty and students to participate in distance education programs; ``(4) the quality and frequency of interaction between faculty and students in distance education programs; ``(5) the availability of current and recognized learning resources and support services for students in distance education programs; and ``(6) measures to ensure the integrity of student and faculty participation in distance education programs.''.

Distance Education and Online Learning Act of 2003 - Amends the Higher Education Act of 1965 to revise title IV student assistance provisions regarding distance education courses and programs, with respect to student eligibility, eligible programs, and requirements for recognition of accrediting agencies that evaluate institutions of higher education offering such programs.

To amend the Higher Education Act of 1965 regarding distance education, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mesquite Lands Act of 2007''. SEC. 2. CONVEYANCE OF LAND TO CITY OF MESQUITE, NEVADA. (a) Additional Purchase Authority.--Section 3 of Public Law 99-548, as amended by Public Law 104-208 (110 Stat. 3009-202) and Public Law 106-113 (113 Stat. 1501A-166), is further amended by adding at the end the following new subsection: ``(g) Seventh Area.-- ``(1) Right to purchase.--For a period of 12 years beginning on the date of the enactment of the Mesquite Lands Act of 2007, the city of Mesquite, Nevada, shall have the exclusive right to purchase the parcels of public land identified on the map prepared by the Bureau of Land Management, entitled `Conveyance of Lands to the City of Mesquite, Nevada', and dated September 14, 2007. The map shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management. ``(2) Notification.--Not later than 10 years after the date of enactment of the Mesquite Lands Act of 2007, the city shall notify the Secretary of the Interior which of the parcels identified on the map referred to in paragraph (1) the city intends to purchase. ``(3) Conveyance.--Not later than 1 year after receiving notification from the city under paragraph (2), the Secretary shall convey to the city the land selected for purchase. ``(4) Withdrawal.--Subject to valid existing rights, during the period specified in paragraph (1), the parcels of public land described in paragraph (2) are withdrawn from all forms of public entry and appropriation under the public land laws, including the mining laws, and from operation of the mineral leasing and geothermal leasing laws. ``(5) Use of proceeds.--Amounts received from the sale of public land under this subsection shall be available for use by the Secretary in the State of Nevada, without further appropriation and until expended, for the implementation of the Virgin River Multispecies Habitat Conservation Plan, including any associated groundwater monitoring plans, developed pursuant to section 4(e)(3)(A)(iii) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2346).''. (b) Extension of Purchase Authority and Withdrawals, Fifth and Sixth Areas.--Subsections (e) and (f) of section 3 of Public Law 99- 548, as added by section 133 of appendix C of Public Law 106-113 (113 Stat. 1501A-166), are amended-- (1) in subsection (e)-- (A) in paragraph (1)(A), by striking ``For a period of 12 years after the date of the enactment of this Act,'' and inserting ``Until November 29, 2015,''; (B) in paragraph (3), by striking ``Not later than 10 years after the date of the enactment of this subsection,'' and inserting ``Not later than November 29, 2014,''; and (C) in paragraph (5), by striking ``the date that is 12 years after the date of the enactment of this subsection,'' and inserting ``the date specified in paragraph (1)(A),''; and (2) in subsection (f)(3), by striking ``until the date that is 12 years after the date of the enactment of this subsection,'' and inserting ``until November 29, 2015,''. (c) Clarification of Implementation Authority for Multispecies Habitat Conservation Plan.--Paragraph (6)(B)(ii) of subsection (e) of section 3 of Public Law 99-548, as added by section 133 of appendix C of Public Law 106-113 (113 Stat. 1501A-166), is amended by inserting before the period at the end the following: ``, including implementation of the Virgin River Multispecies Habitat Conservation Plan, including any associated groundwater monitoring plans, developed pursuant to subparagraph (A)(iii) of such section''. SEC. 3. LAND CONVEYANCE, VIRGIN VALLEY WATER DISTRICT, CLARK COUNTY, NEVADA. (a) Conveyance.--Notwithstanding the Federal Land Policy Management Act of 1976 (43 U.S.C. 1701 et seq.), the Secretary of the Interior shall convey to the Virgin Valley Water District, without consideration, all right, title and interest of the United States in and to approximately 300 acres of public land in Clark County, Nevada, identified on the map prepared by the Bureau of Land Management, entitled ``Conveyance of Lands to the Virgin Valley Water District'', and dated _____, 2007. The map shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management. (b) Existing Rights.--The conveyance under subsection (a) shall be subject to valid existing rights. (c) Costs.--The District shall pay to the United States an amount equal to the costs of the Secretary associated with the conveyance under subsection (a). (d) Subsequent Sale.--If the District sells any portion of the land conveyed to the District under subsection (a)-- (1) the amount of consideration for the sale shall reflect fair market value, as determined by an appraisal; and (2) the District shall pay to the Secretary an amount equal to the net proceeds of the sale. (e) Use of Proceeds.--Amounts received by the Secretary under subsection (d)(2) shall be available for use by the Secretary in the State of Nevada, without further appropriation and until expended.

Mesquite Lands Act of 2007 - Grants the city of Mesquite, Nevada, the exclusive right to purchase certain parcels of public land in Clark County, Nevada. Extends withdrawal and purchase authority with respect to the fifth and sixth areas. Requires proceeds from certain sales to be used for the implementation of the Virgin River Multispecies Habitat Conservation Plan, including any associated groundwater monitoring plans. Directs the Secretary to convey certain public land in Clark County to the Virgin Valley Water District.

To authorize the conveyance of certain parcels of public land in Clark County, Nevada, to the City of Mesquite, Nevada, and the Virgin Valley Water District, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Augmenting Research and Educational Sites to Ensure Agriculture Remains Cutting-Edge and Helpful Act'' or the ``AG RESEARCH Act''. SEC. 2. AGRICULTURAL RESEARCH FACILITIES. (a) Findings.--Congress finds that-- (1) in 2015, agriculture and related industries-- (A) contributed $992,000,000,000 to the gross domestic product of the United States (5.5 percent of the total gross domestic product of the United States); and (B) provided 21,000,000 jobs domestically (11 percent of total employment in the United States); (2) the Department of Agriculture funds more than $1,500,000,000 in research funding each year to schools of agriculture; (3) a study published in 2015 found that deferred maintenance at 91 schools of agriculture across the United States totaled $8,200,000,000, with a total replacement cost of $29,000,000,000; and (4) infrastructure investments must be made at schools of agriculture to ensure that United States agricultural research remains globally competitive. (b) Grants for Agricultural Research Facilities.--Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 is amended by inserting before section 404 (7 U.S.C. 7624) the following: ``SEC. 401. GRANTS FOR AGRICULTURAL RESEARCH FACILITIES. ``(a) Purpose.--The purpose of this section is to assist agricultural research facilities in efforts to alter or repair those facilities or equipment of the facilities necessary for conducting agricultural research. ``(b) Definition of Agricultural Research Facility.--In this section, the term `agricultural research facility' has the meaning given the term in section 2 of the Research Facilities Act (7 U.S.C. 390). ``(c) Grant Program.-- ``(1) In general.--The Secretary shall establish in the National Institute of Food and Agriculture a competitive grant program to provide to agricultural research facilities the Federal share of the cost of the alteration, modernization, renovation, or remodeling of-- ``(A) the agricultural research facilities; or ``(B) equipment of the agricultural research facilities necessary for conducting agricultural research. ``(2) Federal share.--The Federal share referred to in paragraph (1) shall be not greater than 50 percent. ``(d) Requirements.-- ``(1) Amount; terms and conditions.--Grants awarded under this section shall be in such amounts and under such terms and conditions as the Secretary determines are necessary to carry out the purpose of this section. ``(2) Geographic distribution.--To the maximum extent practicable, grants shall be awarded under this section to ensure an equitable geographic distribution of funds. ``(3) Limitation.--Not greater than 20 percent of amounts made available to carry out this section shall be awarded to projects in any 1 State. ``(4) Administration.--In carrying out this section, the Secretary shall establish procedures for-- ``(A) the submission of proposals for competitive grants; and ``(B) in consultation with representatives of National Institute of Food and Agriculture grantmaking peer review panels, the review and selection of proposals submitted under subparagraph (A). ``(5) Priority.--In selecting proposals under paragraph (4)(B), the Secretary shall give priority to proposals that-- ``(A) are-- ``(i) ready to proceed quickly; and ``(ii) included in the facilities master plan or capital improvement plan of the college, university, or nonprofit institution; or ``(B) incorporate-- ``(i) renewable energy; ``(ii) energy- or water-efficient technology; or ``(iii) both energy and technology described in clauses (i) and (ii). ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,000,000,000 for each of fiscal years 2019 through 2028.''. SEC. 3. AGRICULTURAL RESEARCH CENTERS. (a) Finding.--Congress finds that the Agricultural Research Service Capital Investment Strategy dated April 2012 indicates that research facilities of the Agricultural Research Services have more than $1,000,000,000 in deferred maintenance. (b) Direct Funding for Deferred Maintenance at ARS Research Facilities.--Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7624 et seq.) is amended by inserting after section 401 (as added by section 2(b)) the following: ``SEC. 402. DIRECT FUNDING FOR DEFERRED MAINTENANCE AT ARS RESEARCH FACILITIES. ``(a) In General.--Using amounts made available under subsection (c), the Secretary shall provide direct payments to research facilities of the Agricultural Research Service for the purpose of addressing deferred maintenance. ``(b) Priority.--In providing direct payments under subsection (a), the Secretary shall give priority to the most critical structures in accordance with the Agricultural Research Service Capital Investment Strategy dated April 2012. ``(c) Funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $100,000,000 for each of fiscal years 2019 through 2028.''.

Augmenting Research and Educational Sites to Ensure Agriculture Remains Cutting-Edge and Helpful Act or the AG RESEARCH Act This bill amends the Agricultural Research, Extension, and Education Reform Act of 1998 to provide funding for maintenance at agricultural research facilities. The bill requires the Department of Agriculture to: (1) establish a grant program within the National Institute of Food and Agriculture to provide agricultural research facilities with a federal share of the cost for the alteration, modernization, renovation, or remodeling of the research facilities or the equipment necessary for agricultural research; and (2) use specified Commodity Credit Corporation funds to provide direct payments to research facilities of the Agricultural Research Service for addressing deferred maintenance.

Augmenting Research and Educational Sites to Ensure Agriculture Remains Cutting-Edge and Helpful Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``CEO Accountability and Responsibility Act''. SEC. 2. INCOME TAX RATE OF PUBLICLY TRADED CORPORATIONS BASED ON COMPENSATION RATIO. (a) In General.--Section 11 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(e) Tax Rate of Publicly Traded Corporations Based on Compensation Ratio.-- ``(1) In general.--In the case of a publicly traded corporation (as defined in section 162(m)(2)), in the amount of tax under subsection (b) shall be determined-- ``(A) by adjusting the highest rate of tax applicable to the taxpayer by the percentage point adjustment specified in paragraph (2), and ``(B) by making proper adjustments to-- ``(i) the dollar amount in clause (ii) of the second sentence of paragraph (1), and ``(ii) the dollar amount in clause (ii) of the third sentence of paragraph (1). ``(2) Adjustment of tax rate.--For purposes of paragraph (1), the percentage points specified in this paragraph shall be determined as follows: ---------------------------------------------------------------------------------------------------------------- ``If the compensation ratio is: The percentage point adjustment is: ---------------------------------------------------------------------------------------------------------------- Not more than 25............................. -1 percentage points More than 25 but not more than 50............ -0.5 percentage points More than 50 but not more than 100........... zero More than 100 but not more than 150.......... +0.5 percentage points More than 150 but not more than 200.......... +1 percentage points More than 200 but not more than 250.......... +1.5 percentage points More than 250 but not more than 300.......... +2 percentage points More than 300 but not more than 400.......... +2.5 percentage points More than 400................................ +3 percentage points. ---------------------------------------------------------------------------------------------------------------- ``(3) Definitions.--For purposes of this subsection-- ``(A) Compensation ratio.--The compensation ratio for a taxable year means a ratio-- ``(i) the numerator of which is the amount equal to the greater of the compensation of the chief operating officer or the highest paid employee of the taxpayer for the calendar year preceding the beginning of the taxable year, and ``(ii) the denominator of which is the amount equal to the median compensation of all employees employed by the taxpayer in the United States for the calendar year preceding the beginning of the taxable year. ``(B) Compensation.-- ``(i) Employees.--In the case of employees of the taxpayer other than the chief operating officer or the highest paid employee, the term `compensation' means wages (as defined in section 3121(a)) paid by the taxpayer during a calendar year. ``(ii) CEO and highest paid employee.--In the case of the chief operating officer and the highest paid employee of the taxpayer, the term `compensation' means total compensation for the calendar year, as reported in the Summary Compensation Table reported to the Securities and Exchange Commission pursuant to Item 402 of Regulation S-K of the Securities and Exchange Commission. ``(4) Special rule if contracted or foreign employee ratio increases.-- ``(A) In general.--If-- ``(i) the total number of full-time employees, determined on an annual full-time equivalent basis, employed by the taxpayer in the United States for a taxable year is reduced by more than 10 percent, as compared to the total number of full-time employees, determined on an annual full-time equivalent basis, employed by the taxpayer in the United States for the preceding taxable year, and ``(ii) the total number of contracted employees or foreign full-time employees, determined on an annual full-time equivalent basis, of the taxpayer for that taxable year has increased, as compared with the total number of contracted employees or foreign full- time employees, determined on an annual full- time equivalent basis, of the taxpayer for the preceding taxable year, then the applicable tax rate determined under paragraph (2) shall be increased by 50 percent. For taxpayers who first commence doing business during the taxable year, the number of full-time employees, contracted employees, and foreign full-time employees for the immediately preceding prior taxable year shall be zero. ``(B) Definitions.--For purposes of this paragraph-- ``(i) Annual full-time equivalent.--The term `annual full-time equivalent' means-- ``(I) in the case of a full-time employee paid hourly qualified wages, the total number of hours worked for the taxpayer by the employee, not to exceed 2,000 hours per employee, divided by 2,000, and ``(II) in the case of a salaried full-time employee, the total number of weeks worked for the taxpayer by the employee divided by 52. ``(ii) Contracted full-time employee.--The term `contracted full-time employee' means an individual engaged by the taxpayer to provide a specific set of services established pursuant to the terms and conditions of a written employment contract that delineates the length of employment, the salary and bonuses (if any) to be paid, and the benefits that accrue to that individual. ``(iii) Foreign full-time employee.--The term `foreign full-time employee' means a full- time employee of the taxpayer that is employed at a location other than the United States. ``(iv) Full-time employee.--The term `full- time employee' means an employee of the taxpayer that either-- ``(I) is paid compensation by the taxpayer for services of not less than an average of 35 hours per week, or ``(II) is a salaried employee of the taxpayer and is paid compensation during the taxable year for full-time employment. ``(5) Controlled groups.--For purposes of this subsection, all persons treated as a single employer under subsection (b), (c), (m) or (o) of section 414 shall be treated as one person. ``(6) Reports.--The taxpayer shall furnish such reports to the Secretary with respect to compensation and such other matters as the Secretary may require. The reports required by this subsection shall be filed at such time and in such manner as may be required by the Secretary. ``(7) Regulations.--The Secretary shall prescribe such regulations and other guidance as may be necessary or appropriate to carry out this subsection, including any guidelines regarding the determination of wages, average compensation, and compensation ratio.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act.

CEO Accountability and Responsibility Act This bill amends the Internal Revenue Code to: (1) increase the corporate income tax rate for publicly traded corporations that pay their chief executive officers or highest paid employees more than 100 times the median compensation of all their U.S. employees, and (2) decrease the rate for publicly traded corporations that pay their chief executive officers or highest paid employees less than 50 times the median compensation of all their U.S. employees.

CEO Accountability and Responsibility Act